BAINES v. N.H. SENATE PRESIDENT

No. 2004-707.

152 N.H. 124 (2005)

ROBERT A. BAINES, MAYOR OF THE CITY OF MANCHESTER & a. v. NEW HAMPSHIRE SENATE PRESIDENT

Supreme Court of New Hampshire.

Opinion Issued: April 20, 2005.


Attorney(s) appearing for the Case

Nixon, Raiche, Manning, Casinghino & Leach, P.A., of Manchester (David L. Nixon and Leslie C. Nixon on the brief, and Ms. Nixon orally), and Wensley, Wirth & Azarian, P.L.L.C., of Rochester (Danford J. Wensley on the brief and orally), for the petitioners.

Kelly A. Ayotte, attorney general (Anne M. Edwards, associate attorney general, and Laura E. B. Lombardi, assistant attorney general, on the brief, and Ms. Edwards, orally), and Richard J. Lehmann, senate legal counsel, by brief, and Patrick Donovan, house legal counsel, by brief, for the State.

Richard J. Lehmann, senate legal counsel, on the joint brief and orally, for the President of the New Hampshire Senate.

Patrick Donovan, house legal counsel, on the joint brief, for the Speaker of the New Hampshire House of Representatives.


NADEAU, J.

The petitioners, the Cities of Manchester and Rochester and their mayors, appeal the order of the Superior Court (McGuire, J.) denying their petition for a declaration that Laws 2004, chapter 200 is unconstitutional. We affirm.

The petitioners argue that Laws 2004, chapter 200 is unconstitutional because, as a "money bill," the constitution requires that it originate in the New Hampshire House of Representatives (House) and because it differs...

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