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CITY OF MANCHESTER v. SECRETARY OF STATE

No. 2009-791.

13 A.3d 262 (2010)

CITY OF MANCHESTER v. SECRETARY OF STATE and another. Ryan Cashin and another v. City of Manchester.

Supreme Court of New Hampshire.

Opinion Issued: November 10, 2010.

Attorney(s) appearing for the Case

City Solicitor's Office, of Manchester (Peter R. Chiesa on the brief and orally), for the City of Manchester.

Backus, Meyer & Branch, LLP, of Manchester (Robert A. Backus on the brief and orally), for the petitioners, Ryan Cashin and another.

Michael A. Delaney, attorney general (Glenn A. Perlow, assistant attorney general, on the brief and orally), for defendants Secretary of State, Attorney General and Commissioner, New Hampshire Department of Revenue Administration.

Joseph Kelly Levasseur, of Manchester, by brief, for the intervenor, N.H. Advantage Coalition.

Douglas, Leonard & Garvey, P.C., of Concord (Charles G. Douglas, III on the brief), for Concord Taxpayers Association, as amicus curiae.

Wadleigh, Starr & Peters, PLLC, of Manchester (Dean B. Eggert and Gregory M. Sargent on the brief), for New Hampshire School Administrators Association, as amicus curiae.

Fred S. Teeboom, non-lawyer representative appearing by approval of the Supreme Court under Rule 33(2), on the brief and orally, for Nashua Taxpayers Association, as amicus curiae.

HICKS, J.

These consolidated cases challenging the legality of a proposed amendment to the City of Manchester's charter are before us on interlocutory transfer without ruling from the Superior Court (O'Neill, J.). See Sup.Ct. R. 9. We conclude that the amendment is invalid.

The following facts are recited in the interlocutory transfer statement or are supported by the record. On July 30, 2008, the city clerk for the City of Manchester (City)...

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