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LONDONDERRY SCHOOL DIST. SAU # 12 v. STATE

No. 2006-258.

958 A.2d 930 (2008)

LONDONDERRY SCHOOL DISTRICT SAU # 12 and another v. STATE of New Hampshire.

Supreme Court of New Hampshire.

Opinion Issued: October 15, 2008.

Attorney(s) appearing for the Case

Orr & Reno, P.A., of Concord (William L. Chapman on the memorandum), for the petitioners.

Kelly A. Ayotte, attorney general (Anne M. Edwards, associate attorney general, and Laura E.B. Lombardi, assistant attorney general, on the memorandum), for the State.

David Frydman and Jeffrey A. Meyers, of Concord, on the memorandum, for the Speaker of the New Hampshire House of Representatives and the President of the New Hampshire Senate, as amici curiae.

HICKS, J.

The petitioners brought this action in 2005 seeking a declaratory judgment that House Bill (HB) 616, the statute previously governing education funding and allocation, was unconstitutional. At the conclusion of the proceedings below, the Superior Court (Groff, J.) declared the legislation unconstitutional on its face because HB 616 "failed to fulfill [the State's] duty to define a constitutionally adequate education, failed to determine the cost of...

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