Bedford Chapter-Citizens for a Sound Economy v. School Administrative Unit 25-Bedford School District

867 A.2d 414, 151 N.H. 612, 2004 N.H. LEXIS 200
CourtSupreme Court of New Hampshire
DecidedDecember 29, 2004
DocketNo. 2004-439
StatusPublished
Cited by6 cases

This text of 867 A.2d 414 (Bedford Chapter-Citizens for a Sound Economy v. School Administrative Unit 25-Bedford School District) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bedford Chapter-Citizens for a Sound Economy v. School Administrative Unit 25-Bedford School District, 867 A.2d 414, 151 N.H. 612, 2004 N.H. LEXIS 200 (N.H. 2004).

Opinion

GALWAY, J.

The petitioners, Bedford Chapter-Citizens for a Sound Economy, Michele Corcoran, Maurice Villeneuve and Arnold Waldner, appeal the denial by the Superior Court {Barry, J.) of their petition for declaratory judgment brought against the respondent, School Administrative Unit (SAU) #25-Bedford School District. We affirm.

Either the parties do not dispute or the record supports the following facts. The respondent does not have its own high school. As a result, for [613]*613more than seventy years, the respondent has sent its students to Manchester high schools. Historically, the school districts of Auburn, Candia and Hooksett have also sent their students to Manchester high schools.

In 2002, the 1997 tuition agreements between the school districts of Auburn, Bedford, Candia and Hooksett (the sending districts) and the Manchester School District expired. The sending districts and the Manchester School District subsequently negotiated a twenty-year agreement. Although the voters in Auburn, Candia, Hooksett and Manchester approved the agreement, Bedford voters did not. Accordingly, while the Auburn, Candia, Hooksett and Manchester School Districts entered into the agreement in July 2003, the respondent did not. The twenty-year agreement required the Manchester School District to accept all high school students from Auburn, Candia and Hooksett, in exchange for payment of a base tuition cost per pupil and certain capital costs.

In July 2003, the Bedford School Board entered into a three-year agreement with the Manchester School District. This agreement provided that the respondent would enroll, and the Manchester School District would accept, all Bedford public high school students during the 2003-2004, 2004-2005 and 2005-2006 school years in exchange for a per pupil tuition payment. The tuition payment would be set each year according to a two-part formula. One part of the formula was for operating expenses; the other was for capital improvements.

The three-year agreement provided that in the event that Bedford voters ratified the twenty-year agreement by May 30,2004 (later extended to June 1, 2004), the twenty-year agreement would supersede the three-year agreement.

In March 2004, Bedford School District voters were asked to vote on whether the respondent should raise and appropriate funds to build a new high school and authorize the school board to execute the twenty-year agreement with the Manchester School District. These warrant articles did not pass. The voters, however, passed other articles appropriating sufficient funds to fulfill some of the respondent’s obligations under the three-year agreement with Manchester.

Soon after the March 2004 meeting, Bedford voters petitioned for a special school district meeting at which voters would again vote on whether to authorize the school board to execute the twenty-year agreement. See RSA 197:2 (1999). As a result, at the special meeting, which took place on June 1, 2004, voters were presented with a warrant article, which provided in pertinent part:

[614]*614ARTICLE I. Shall the District authorize and direct the Bedford School- Board to approve and execute, on behalf of the District, .the twenty[-]year High School Maintenance (Tuition) Agreement .with the. Manchester School District prior to the June 2, 2004 deadline, and to submit it.to the New Hampshire State.Board of Education for approval pursuant to RSA 194:22____

Before the June 1 meeting, the petitioners asked the court to declare that the warrant article could pass by a simple majority of voters present. The'trial court ruled that, pursuant to RSA 197:3 (1999), the article could not pass'unless the ballots cast at the special meeting equaled at least one-half of the number of school district voters who were entitled to vote at the March 2004 meeting.

Thessole issue on appeal is whether the trial court correctly interpreted RSA 197:3. We reviéw the trial court’s statutory interpretation de novo. Monahan-Forbin Properties v. Town of Hudson, 148 N.H. 769, 771 (2002).

Wé'are the final Arbiter of the intent of the legislature as expressed in the words of the statute considered as a whole. Sweeney v. Ragged Mt. Ski Area, 151 N.H. 239, 241 (2004). We first examine the language of the statute, and, where possible, we ¡ascribe .the plain and ordinary meanings to the words used. Id. .When the language of a statute is plain and unambiguous, ,.we need not look beyond it for further indication of legislative intent. Id.

RSA 197:3, entitled “Raising Money at Special Meeting,” provides, in pertinent part:

,No school district at any special meeting shall raise or . appropriate money nor reduce or rescind any appropriation made at. a previous meeting, unless the vote thereon is by ballot, nor unless, the ballots cast at such meeting shall be equal in number .;to, at. .least % of. the number of voters of such district entitled to vote at the regular meeting next preceding such special meeting

RSA,197:3,1(a).

An. Childs v. Hillsborough Electric Light and Power Co., 70 N.H. 318 (1900), the court interpreted the predecessor to RSA 31:5 (2000), a related statute governing voting for appropriations at special town meetings. In (¡hat . case,, town voters were asked to pass the following resolution at a .Special meeting:..

Resolved, that the selectmen be now authorized and directed to contract with the Hillsborough Electric Light and Power [615]*615Company ... to relight our streets in the same manner as heretofore, covering the time from now to April 1,1905, at a total cost to the town of thirteen dollars per lamp per annum; also to add lamps to the electric system as in their judgment the public good requires, in number not exceeding twenty-five.

Childs, 70 N.H. at 318 (quotation omitted).

The pertinent statute provided as follows:

Towns may, at any legal meeting, grant and vote such sums of money as they shall judge necessary to support schools; to build and repair schoolhouses; to maintain the poor;... to light streets; ... but no money shall be raised or appropriated at any special town meeting except by vote by ballot, nor unless the ballots cast at such meeting shall be equal in number to at least one[-]half of the number of legal voters borne on the check-list of the town at the annual or biennial election next preceding such special meeting____

PS 40:4 (1891); see Childs, 70 N.H. at 323.

The court held that the resolution involved raising or appropriating money, within the meaning of the statute, because it concerned a multiyear contract by which the town promised to pay money. Childs, 70 N.H. at 324. As the court explained:

To “raise” money, as the word is ordinarily understood, is to collect or procure a supply of money for use, as, in the case of a municipal corporation, by taxation or perhaps loan. Money cannot be actually given or appropriated before it is raised. A promise to give or appropriate money may be made before the money is actually procured; but in such case the promise binds the promisor to have the money on hand when it becomes due, and so, in a sense, the money is raised by the promise.

Id. at 324.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

JP Morgan Chase Bank, NA v. Grimes
114 A.3d 1007 (Supreme Court of New Hampshire, 2015)
Bennett v. Town of Hampstead
953 A.2d 388 (Supreme Court of New Hampshire, 2008)
AIMCO Properties, LLC v. Dziewisz
883 A.2d 310 (Supreme Court of New Hampshire, 2005)
Foote v. Manchester School District
883 A.2d 283 (Supreme Court of New Hampshire, 2005)
Banfield v. Allstate Insurance
880 A.2d 373 (Supreme Court of New Hampshire, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
867 A.2d 414, 151 N.H. 612, 2004 N.H. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bedford-chapter-citizens-for-a-sound-economy-v-school-administrative-unit-nh-2004.