Town of Canaan, et al. v. Gardner, 08-E-157 (Merrimack, May. 29, 2008)

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Topics: Declaratory Judgment, Dismissal, Pt. II Art. 11, Representative Districts

Case Information
Document Type: 
Opinion
Case name: 
Town of Canaan, et al. v. Gardner
Docket Number: 
08-E-157
Date: 
May 29 2008
Justice: 
Conboy, Carol Ann
Jurisdiction: 
Merrimack

The petitioners seek a declaratory ruling that RSA 662:5 (Supp. 2007), which delineates the state representative districts, is unconstitutional. They also seek to enjoin the respondent from conducting the 2008 primary and general elections based on the current house districts. The respondent objects, and moves to dismiss the petition. By agreement of the parties, the Court conducted a consolidated preliminary and final hearing on this matter on May 22, 2008. Upon review of the parties' pleadings, their submissions, and the applicable law, the Court Finds and rules as follows.

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