State ex rel. Moore v. Abrams

For the following reasons, we grant respondents’ motion for summary judgment. Section 25 of the Portsmouth City Charter exempts emergency ordinances from being subject to referendum. Section 12 of the charter states in part:

“ * * * emergency measures[] shall be in effect from and after their passage by the Council unless some other time be specified therein. * * * An emergency measure is an ordinance or resolution to provide for the immediate preservation of the public peace, property, health or safety, in which the emergency claimed is set forth and defined in a preamble thereto.”

The…