VERNET v. TOWN OF EXETER

No. 86-118.

129 N.H. 34 (1986)

PENNY VERNET & a. v. TOWN OF EXETER.

Supreme Court of New Hampshire.

December 30, 1986.


Attorney(s) appearing for the Case

Backus, Meyer & Solomon, of Manchester (Robert A. Backus on the brief and orally), for the plaintiffs.

Engel, Morse, Pudloski & Gearreald P.A., of Exeter (David C. Engel on the brief and orally), for the defendant.

Stephen E. Merrill, attorney general (George Dana Bisbee, senior assistant attorney general, on the brief and orally), for the State, as intervenor.

Nadeau Professional Offices, of Rye (J. P. Nadeau on the brief), by brief for the Town of Rye, as amicus curiae.


JOHNSON, J.

This appeal is from a decision of the Superior Court (Nadeau, J.) that citizens of the town of Exeter may not prohibit the selectmen from implementing a nuclear emergency response plan by so voting at town meeting. We find no error and affirm. The issue to be decided is whether a town meeting vote, requiring that no town officials and agencies of Exeter be allowed to implement a State-approved plan for a possible nuclear disaster at the Seabrook...

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