BOEHNER v. STATE

No. 81-067.

122 N.H. 79 (1982)

KENNETH D. BOEHNER & a. v. THE STATE OF NEW HAMPSHIRE & a.

Supreme Court of New Hampshire.

February 12, 1982.


Attorney(s) appearing for the Case

James N. Sessler, of Laconia, Louie C. Elliott, Jr., of Newport, Paul F. Cavanaugh, of Concord, David R. Connell, of Portsmouth, and William H. Hopkins, of Plymouth (Mr. Sessler & a. on the brief, and Mr. Elliott and Mr. Hopkins orally), for the plaintiffs.

Gregory H. Smith, attorney general, Walter L. Mitchell, of Laconia, Peter V. Millham, of Laconia, Anthony A. McManus, of Dover, George J. Falardeau, of Tilton, Robert W. Upton, II, of Concord, Roger G. Burlingame, of Laconia, Glenn G. Geiger, Jr., of Penacook, Jon S. Auten, of Newport, Robert B. Buckley, Jr., of Claremont, and Edward J. McDermott, of Hampton (Deborah J. Cooper, deputy attorney general, & a. on the brief, and Mr. Mitchell, Ms. Cooper, and Mr. Upton orally), for the defendants.


BROCK, J.

The issue in this case is whether the provisions of RSA ch. 502-A which provide that cities and towns in which a district court is actually located must bear all expenses associated with the operation of the court, without financial support from other communities served by the court, are constitutional.

Procedurally, this appeal involves a number of petitions for declaratory judgment brought under RSA 491:22 V which were consolidated for hearing...

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