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BALKE v. CITY OF MANCHESTER

No. 2002-469.

150 N.H. 69 (2003)

JUNE BALKE & a. v. CITY OF MANCHESTER.

Supreme Court of New Hampshire.

Opinion Issued: September 30, 2003.

Attorney(s) appearing for the Case

Baldwin, Callen & Hogan, PLLC, of Concord (Jed Z. Callen on the brief and orally), for the plaintiffs.

Daniel D. Muller, Jr., office of city solicitor, of Manchester, on the brief and orally, for the defendant.

Peter W. Heed, attorney general (Mary P. Castelli, senior assistant attorney general, on the brief and orally), for the State, as amicus curiae.

NADEAU, J.

The defendant, City of Manchester (city), appeals a decision by the Trial Court (Lynn, J.) that interprets RSA 485:14 (2001) to require approval by the voters of each municipality in which residents use water provided by the Manchester Water Works (MWW) before MWW can provide fluoridated water to any residents of the community. We affirm.

The plaintiffs, residents of Manchester and five surrounding municipalities, filed a petition for declaratory...

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