N.H. MOTOR TRANSPORT ASSOC. v. STATE

No. 2003-641.

150 N.H. 762 (2004)

NEW HAMPSHIRE MOTOR TRANSPORT ASSOCIATION v. THE STATE OF NEW HAMPSHIRE & a.

Supreme Court of New Hampshire.

Opinion issued: April 19, 2004.


Attorney(s) appearing for the Case

Preti, Flaherty, Beliveau, Pachios & Haley, PLLC, of Concord (Daniel P. Luker and Michael Kaplan on the brief, and Mr. Kaplan orally), for the plaintiff.

Peter W. Heed, attorney general (Craig S. Donais, assistant attorney general, and Mark P. Hodgdon, senior assistant attorney general, on the brief, and Mr. Hodgdon orally), for defendants State of New Hampshire and Commissioner, New Hampshire Department of Transportation.

Office of Corporation Counsel, of Nashua (David R. Connell on the brief), for City of Nashua, as amicus curiae.

Eugene F. Sullivan III, of Concord, by brief, for Nashua Regional Planning Commission, as amicus curiae.

Thomas F. Irwin, of Concord, on the joint brief, for Conservation Law Foundation, and Baldwin, Callen & Hogan, PLLC, of Concord (Jed Z. Callen on the joint brief) for Greater Portsmouth Chamber of Commerce and New Hampshire Railroad Revitalization Association, as amici curiae.

Wiggin & Nourie, P.A., of Manchester (William J. Edwards on the brief), for Associated General Contractors of New Hampshire, as amicus curiae.


BRODERICK, C.J.

The plaintiff, New Hampshire Motor Transport Association (Association), brought this equitable action challenging the State's expenditure of funds under Part II, Article 6-a of the New Hampshire Constitution for purposes of planning and constructing the Nashua Commuter Rail Project (Rail Project). The Association and the defendants, the State of New Hampshire and the Commissioner of New Hampshire Department of Transportation, filed a joint request...

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