SILVA v. BOTSCH

No. 81-100.

121 N.H. 1041 (1981)

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

Supreme Court of New Hampshire.

November 20, 1981.


Attorney(s) appearing for the Case

Hanrahan & Michael P.A., of Merrimack (Gregory E. Michael on the brief and orally), for the plaintiff.

Bossie, Kelley & Hodes, of Manchester (Robert F. Bossie on the brief and orally), for the defendants.


BATCHELDER, J.

This appeal involves a question of first impression: May a public official, who prevails in an action to retain his official position, recover attorney's fees for that action? We hold that he may.

The plaintiff, Edward Silva, then a selectman for the Town of Merrimack, brought an action against the other selectmen on April 11, 1980, contending that he had been wrongfully removed from the position of ex-officio representative on the town planning...

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