LEAVITT v. NORTH HAMPTON

No. 4208.

98 N.H. 193 (1953)

FRED C. LEAVITT & a. v. NORTH HAMPTON & a.

Supreme Court of New Hampshire.

May 5, 1953.


Attorney(s) appearing for the Case

William P. Fowler (by brief and orally), for the plaintiff.

Edward R. Hale, Arthur L. Brown and Paul A. Good (of Massachusetts) (Mr. Brown orally), for a majority of the water committee.

George R. Scammon (by brief and orally), for the intervenors.


KENISON, C. J.

As a preliminary matter of procedure, it may be noted in this type of controversy that a petition for a declaratory judgment is a proper method of determining the legality of the proposed expenditure of public funds. Chronicle &c. Pub. Co. v. Attorney-General, 94 N.H. 148, 150; Vantine Studio v. Portsmouth, 95 N.H. 171. The fact that injunctive proceedings might be an alternative method of determining the question does...

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