CLAREMONT SCHOOL DIST. v. GOVERNOR (STATEWIDE PROPERTY TAX PHASE-IN)

No. 97-001.

144 N.H. 210 (1999)

CLAREMONT SCHOOL DISTRICT & a. v. GOVERNOR & a. (statewide property tax phase-in)

Supreme Court of New Hampshire.

October 15, 1999.


Attorney(s) appearing for the Case

Stein, Volinsky & Callaghan, P.A., of Concord (Andru H. Volinsky and Scott F. Johnson on the motions, and Mr. Volinsky orally), and John E. Tobin, Jr., of Concord, on the motions and orally, for the plaintiffs.

Philip T. McLaughlin, attorney general (Mr. McLaughlin & a. on the motions, and Martin P. Honigberg orally), for the State.

Michael L. Donovan, of Concord, for the Town of Rye, on the pleadings, as amicus curiae.

Loretta S. Platt and Betsy B. Miller, of Concord, for Certain Members of the New Hampshire House of Representatives, on the pleadings, as amici curiae.

Rath, Young and Pignatelli, P.A., of Concord (William F. J. Ardinger on the pleadings), for the Business and Industry Association, as amicus curiae.

Elizabeth S. Hager, State Representative, of Concord, on the pleadings, for herself and certain other State Representatives, as amici curiae.

Flygare, Schwarz & Closson, PLLC, of Exeter (Thomas M. Closson on the pleadings), for the City of Portsmouth, as amicus curiae.

Wadleigh, Starr & Peters, P.L.L.C., of Manchester (Eugene M. Van Loan III on the pleadings), as amicus curiae.

Frank V. Sapareto, State Representative, of Derry, on the pleadings, as amicus curiae.

Gene G. Chandler, State Representative, of Bartlett, on the pleadings, as amicus curiae.

Joseph S. Haas, Jr., of Ashland, on the pleadings, as amicus curiae.

Kenneth E. Blevens, Sr., of Bow, on the pleadings, as amicus curiae.


BROCK, C.J.

More than sixteen months after our decision in Claremont School District. v. Governor, 142 N.H. 462, 465, 703 A.2d 1353, 1354 (1997) (Claremont II), holding that the "system of financing elementary and secondary public education in New Hampshire is unconstitutional," the legislature passed an act in April 1999 "establishing a uniform education property tax ... to provide...

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