CLAREMONT SCHOOL DIST. v. GOVERNOR

No. 97-001.

142 N.H. 462 (1997)

CLAREMONT SCHOOL DISTRICT & a. v. GOVERNOR & a.

Supreme Court of New Hampshire.

December 17, 1997.


Attorney(s) appearing for the Case

Stein, Volinsky & Callaghan, P.A., of Concord (Andru H. Volinsky & a. on the briefs, and Mr. Volinsky orally), John E. Tobin, Jr., of Concord, on the briefs and orally, and McLane, Graf, Raulerson & Middleton, of Manchester (Wilbur A. Glahn, III on the briefs), for the plaintiffs.

Philip T. McLaughlin, attorney general (Leslie J. Ludtke, associate attorney general, and Patrick E. Donovan, assistant attorney general, on the brief, and Mr. McLaughlin orally), for the State.

Sheehan Phinney Bass + Green, of Manchester (Thomas J. Flygare on the brief), for An Unnamed Unincorporated Association of Concerned New Hampshire Citizens, as amicus curiae.

Theodore E. Comstock, of Concord, and James F. Allmendinger, of Concord, on the brief, for Joint Education Council, as amicus curiae.

Wiggin & Nourie, PA., of Manchester (L. Jonathan Ross on the brief), for the New Hampshire Civil Liberties Union, as amicus curiae.


BROCK, C.J.

In this appeal we hold that the present system of financing elementary and secondary public education in New Hampshire is unconstitutional. To hold otherwise would be to effectively conclude that it is reasonable, in discharging a State obligation, to tax property owners in one town or city as much as four times the amount taxed to others similarly situated in other towns or cities. This is precisely the kind of taxation and fiscal mischief from which...

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