BARKSDALE v. TOWN OF EPSOM

No. 91-420.

136 N.H. 511 (1992)

BARBARA BARKSDALE & a. v. TOWN OF EPSOM EPSOM SCHOOL BOARD & a. v. TOWN OF EPSOM BOARD OF SELECTMEN

Supreme Court of New Hampshire.

December 23, 1992.


Attorney(s) appearing for the Case

Sulloway & Hollis, of Concord (Warren C. Nighswander on the plaintiffs' joint brief and orally), and Backus, Meyer & Solomon, of Manchester (Jon Meyer on the plaintiffs' joint brief and orally), for the plaintiffs Barbara Barksdale & a.

Theodore Comstock, of Concord, on the plaintiffs' joint brief, for the plaintiffs Epsom School Board & a.

Ransmeier & Spellman, P.C., of Concord (Charles P. Bauer on the brief), and Landmark Legal Foundation Center for Civil Rights, of Washington, D.C. (Debra R. Cruel on the brief and orally), for the defendants.

Steven R. Sacks, of Concord, staff attorney, by brief for NEA-New Hampshire, as amicus curiae.

Steven K. Green, of Silver Spring, Maryland, legal counsel, by brief for Americans United for Separation of Church and State, as amicus curiae.


JOHNSON, J.

This case involves a town tax abatement program designed to reimburse persons for money spent educating students in schools outside the local school system. The defendants in these consolidated cases, the Town of Epsom and its board of selectmen (collectively referred to as "the selectmen"), appeal the Superior Court's (Manias, J.) order declaring the selectmen's abatement program invalid under former RSA 76:16 (hereinafter "RSA 76:16") (amended...

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