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WOODSIDE v. SELECTMEN OF DERRY

No. 7601.

116 N.H. 606 (1976)

ERNEST G. WOODSIDE, JR. & a. v. SELECTMEN OF THE TOWN OF DERRY.

Supreme Court of New Hampshire.

October 15, 1976.

Attorney(s) appearing for the Case

Grinnell & Bureau (Mr. George H. Grinnell orally) for the plaintiffs.

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

PER CURIAM.

This is a bill in equity seeking to require the selectmen of Derry to insert in the warrant for the biennial town meeting an article to provide for the election of the planning board members under the provisions of RSA 36:4 (Supp. 1975). The question of law raised by the petition was transferred without ruling by Loughlin, J.

RSA 36:4 II (b) (Supp. 1975) provides as follows: "The town, by majority...

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