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TOWN OF HOOKSETT v. BAINES

No. 2001-635.

148 N.H. 625 (2002)

TOWN OF HOOKSETT v. SIDNEY BAINES & a.

Supreme Court of New Hampshire.

Opinion Issued: December 12, 2002.

Attorney(s) appearing for the Case

Upton & Hatfield, LLP, of Concord (Barton L. Mayer on the brief and orally), for the petitioner.

Hall, Hess, Stewart, Murphy & Brown, P.A., of Manchester (David W. Hess on the brief and orally), for the respondent, Sidney Baines, and the intervenor, Hooksett Sewer Commission.

DALIANIS, J.

The petitioner, Town of Hooksett (town), appeals an order of the Superior Court (Fitzgerald, J.) declaring invalid the town's charter provision imposing term limits on locally elected officials. We affirm in part and vacate in part.

The following relevant facts are undisputed. In 1967, the town voters established a sewer commission (commission) in accordance with RSA 149-I:19-:21 (1996) (formerly RSA 252:19, :20, :22). In 1989, the town...

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