OPINION OF THE JUSTICES

No. 00-179.

145 N.H. 474 (2000)

OPINION OF THE JUSTICES (Reformed Public School Financing System)

Supreme Court of New Hampshire.

December 7, 2000.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Steven M. Houran, deputy attorney general, and Anne M. Edwards, assistant attorney general, on the memorandum), filed a memorandum in support of negative answers to the questions.

Stein, Volinsky and Callaghan, P.A., of Concord (Scott F. Johnson and Andru H. Volinsky on the memorandum), and John E. Tobin, Jr., of Concord, filed a memorandum on behalf of the Claremont petitioners in support of negative answers to the questions.

Rath, Young and Pignatelli, PA., of Concord (William F.J. Ardinger on the memorandum), filed a memorandum on behalf of Senator Frederick W. King and other members of the New Hampshire Senate in support of affirmative answers to the questions.

Frederic K. Upton, of Concord, filed a memorandum on behalf of three members of the New Hampshire Senate in support of a negative answer to question a.

Senator Carl R. Johnson, of Meredith, filed a memorandum in support of affirmative answers to the questions.

Wayne Semprini, of Portsmouth, filed a memorandum in support of affirmative answers to the questions.

Representative Andrew R. Peterson, of Peterborough, filed a memorandum in support of affirmative answers to the questions.

Representative John R.M. Alger, of Rumney, filed a memorandum in support of affirmative answers to the questions.

Donahue Tucker & Ciandella, of Exeter (Charles F. Tucker on the memorandum), filed a memorandum on behalf of the towns of Bartlett, Hart's Location, and Jackson, in support of affirmative answers to the questions.

Eugene M. Van Loan III, of Manchester, filed a memorandum in support of affirmative answers to the questions.

Business & Industry Association of New Hampshire, of Concord (John D. Crosier on the memorandum), filed a memorandum in support of affirmative answers to the questions.

NEA-New Hampshire, of Concord (James F. Allmendinger on the memorandum), filed a memorandum in support of negative answers to the questions.

The Disabilities Rights Center, Inc., of Concord (Sheila Zakre on the memorandum), filed a memorandum in support of negative answers to the questions.

Gordon J. Humphrey, of Concord, filed a memorandum in support of affirmative answers to the questions.

Flygare, Schwarz & Closson PLLC, of Exeter (Thomas M. Closson on the memorandum), filed a memorandum.

Joseph S. Haas, Jr., of Ashland, filed a memorandum.


It was resolved by the Senate:

"That the Justices of the Supreme Court be respectfully requested to give their opinion upon the following important questions of law:

(a) Would the enactment of SB 462-FN-A-LOCAL satisfy the requirements of part II, articles 5, 6, and 83 of the New Hampshire constitution?

(b) Would the enactment of SB 462-FN-A-LOCAL violate any other provisions of the New Hampshire constitution?"

The full text of the senate resolution...

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