Moynihan v. City of Manchester

Robert Moynihan (hereinafter, “Moyni-han”) appeals from the judgment of the trial court granting Barbara Burn Matthews’ (hereinafter, “Matthews”) and the City of Manchester’s (hereinafter, “the City”) motions to dismiss and dismissing Moynihan’s petition with prejudice. Moy-nihan raises six allegations of error. We reverse and remand.

Moynihan filed this taxpayer’s declaratory judgment action against Matthews and the City to recover what he believes were illegal payments to Matthews. The trial court dismissed Moynihan’s petition, following a Rule 55.27 motion filed by Matthews. Moynihan then…