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SULLIVAN v. HAMPTON BD. OF SELECTMEN

No. 2005-464.

917 A.2d 188 (2006)

William H. SULLIVAN and another. v. TOWN OF HAMPTON BOARD OF SELECTMEN.

Supreme Court of New Hampshire.

Opinion Issued: June 27, 2006.

Attorney(s) appearing for the Case

Cook & Molan, P.A., of Concord (Richard E. Molan on the brief, and John S. Krupski orally), for the plaintiffs.

Mark S. Gearreald, of Hampton, on the brief and orally, for the defendant.

C. Christine Fillmore, of Concord, by brief, for the New Hampshire Local Government Center, as amicus curiae.

HICKS, J.

The plaintiffs, William H. Sullivan, Edward Buck and Thomas Gillick, are three taxpayers (taxpayers) who appeal the order of the Superior Court (McHugh, J.) granting defendant Town of Hampton Board of Selectmen's (selectmen) motion to dismiss for failure to state a claim upon which relief may be granted. We affirm.

The record supports the following facts. The Town of Hampton is a Senate Bill 2 (SB 2) jurisdiction, meaning that it has adopted...

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