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SILVA v. BOTSCH

No. 80-175.

120 N.H. 600 (1980)

EDWARD J. SILVA v. DONALD H. BOTSCH & a.

Supreme Court of New Hampshire.

September 10, 1980.

Attorney(s) appearing for the Case

Hanrahan, Brennan & Michael, of Merrimack (Gregory E. Michael orally), for the plaintiff.

Bossie, Kelly & Hodes, of Manchester (Robert F. Bossie orally), for the defendant.

DOUGLAS, J.

The issue in this case is whether the board of selectmen for the Town of Merrimack violated RSA 36:5 II when they removed the plaintiff from the town planning board solely because he had served one year. We hold that the selectmen violated the statute.

The plaintiff was elected to the board of selectmen of the Town of Merrimack on March 8, 1977. On April 6, 1978, the selectmen appointed the plaintiff to...

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