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CITY OF MANCHESTER SCH. DIST. v. CITY OF MANCHESTER

No. 2003-303.

150 N.H. 664 (2004)

CITY OF MANCHESTER SCHOOL DISTRICT & a. v. CITY OF MANCHESTER.

Supreme Court of New Hampshire.

Opinion Issued: March 15, 2004.

Attorney(s) appearing for the Case

Wadleigh, Starr & Peters, P.L.L.C., of Manchester (Dean B. Eggert and Jennifer L. Murphy on the brief, and Mr. Eggert orally), for the plaintiffs.

Thomas I. Arnold, III, deputy city solicitor, of Manchester, on the brief and orally, for the defendant.

DUGGAN, J.

In this declaratory judgment action, the defendant, City of Manchester (city), appeals an order of the Superior Court (Mangones, J.) granting summary judgment in favor of the plaintiffs, Manchester School District and School Administrative Unit #37 (collectively, the school district). The court ruled that the city acted without authority when, by charter amendment, it merged the school district with the municipal corporation thereby making the school...

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