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DUBE v. NH. DEPT. OF HEALTH & HUMAN SERVICES

No. 2012-724.

97 A.3d 241 (2014)

Gary DUBE & a. v. NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES & a.

Supreme Court of New Hampshire.

Opinion Issued: June 18, 2014.

Attorney(s) appearing for the Case

Disabilities Rights Center, Inc., of Concord ( C. Adrienne Mallinson , Rebecca G. Whitley , and Amy B. Messer on the brief, and Ms. Mallinson orally), for plaintiffs Gary Dube, Thomas Taylor, Cynthia Washington, and Arthur Furber.

Devine, Millimet & Branch, PA, of Manchester ( Thomas Quarles, Jr. and Donald L. Smith on the brief, and Mr. Quarles orally), for plaintiff Harbor Homes, Inc.

Joseph A. Foster , attorney general ( Jeanne P. Herrick , attorney, on the brief and orally), for the defendants.

CONBOY, J.

This case involves a petition for injunctive and declaratory relief brought by Harbor Homes, Inc. (Harbor Homes) and Gary Dube, Thomas Taylor, Cynthia Washington, and Arthur Furber (the individual plaintiffs) (collectively, the plaintiffs) against New Hampshire Department of Health and Human Services (DHHS), Commissioner of DHHS (commissioner), Associate Commissioner of DHHS, and Administrator of the Bureau of Behavioral Health (collectively, the defendants...

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