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MCDONNELL v. TOWN OF DERRY

No. 7301.

116 N.H. 3 (1976)

THOMAS E. MCDONNELL & a. v. TOWN OF DERRY & a.

Supreme Court of New Hampshire.

January 21, 1976.

Attorney(s) appearing for the Case

Sheehan, Phinney, Bass & Green and James E. Higgins and E. Tupper Kinder (Mr. Higgins orally) for the plaintiffs.

Soule & Leslie (Mr. Lewis F. Soule orally) for the defendants.

DUNCAN, J.

The plaintiffs as taxpayers and voters, in the town of Derry, seek declaratory and injunctive relief against the town (RSA 491:22) and its selectmen as the result of certain votes taken at the 1975 annual town meeting. All questions of law raised by the petition were reserved and transferred without ruling by Douglas, J., upon an agreed statement of facts.

Prior to the 1975 Derry annual town meeting which was subject to RSA 39:2-a (Supp....

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