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2021 New Hampshire Revised Statutes
Title III - Towns, Cities, Village Districts, and Unincorporated Places
Title 49-B - Home Rule-Municipal Charters
Section 49-B:10 - Judicial Review.
Universal Citation: NH Rev Stat § 49-B:10 (2021)
49-B:10 Judicial Review. –
I. The superior court may, upon petition of 10 voters of the municipality or on petition of the attorney general, enforce this chapter.
II. A petition for declaratory relief may be brought on behalf of the public by the attorney general or, by leave of the court, by 10 voters of the municipality. In the case of petition of 10 voters, the attorney general shall be served with notice of the preliminary petition for leave, and may intervene as a party at any stage of the proceedings; and the petitioners shall be liable for, but may in the court's discretion also be awarded costs, which may include reasonable attorney's fees.
III. Judicial review to determine the validity of the procedures whereby any charter is adopted, revised or amended may be had by petition of 10 voters of the municipality brought within 30 days after the election at which such charter, revision or amendment is approved. If no such petition is filed within such period, compliance with all the procedures required by this chapter and the validity of the manner in which such charter adoption, revision or amendment was approved shall be conclusively presumed. No charter adoption, revision or amendment shall be deemed invalid on account of any procedural error or omission unless it is shown that the error or omission materially and substantially affected such adoption, revision or amendments.
IV. Any municipality aggrieved by the decision of the secretary of state, the attorney general, or the commissioner of the department of revenue administration under RSA 49-B:4-a may seek review by way of appeal in superior court to determine the lawfulness of the decision. The clerk shall schedule a hearing on any such appeal within 10 days of the filing of such petition.
I. The superior court may, upon petition of 10 voters of the municipality or on petition of the attorney general, enforce this chapter.
II. A petition for declaratory relief may be brought on behalf of the public by the attorney general or, by leave of the court, by 10 voters of the municipality. In the case of petition of 10 voters, the attorney general shall be served with notice of the preliminary petition for leave, and may intervene as a party at any stage of the proceedings; and the petitioners shall be liable for, but may in the court's discretion also be awarded costs, which may include reasonable attorney's fees.
III. Judicial review to determine the validity of the procedures whereby any charter is adopted, revised or amended may be had by petition of 10 voters of the municipality brought within 30 days after the election at which such charter, revision or amendment is approved. If no such petition is filed within such period, compliance with all the procedures required by this chapter and the validity of the manner in which such charter adoption, revision or amendment was approved shall be conclusively presumed. No charter adoption, revision or amendment shall be deemed invalid on account of any procedural error or omission unless it is shown that the error or omission materially and substantially affected such adoption, revision or amendments.
IV. Any municipality aggrieved by the decision of the secretary of state, the attorney general, or the commissioner of the department of revenue administration under RSA 49-B:4-a may seek review by way of appeal in superior court to determine the lawfulness of the decision. The clerk shall schedule a hearing on any such appeal within 10 days of the filing of such petition.
Source. 1979, 241:1. 1988, 223:10, eff. June 29, 1988. 2014, 292:4, eff. Sept. 30, 2014.
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