Concerned Voters ex rel. Caliaro v. Prouty

This is an appeal from an order of the superior court that denied the plaintiffs a permanent injunction. The injunction would have prevented the defendants from accepting bids for the construction of a park, to be known as “Pingree Park,” in the Town of Londonderry.

The facts, as found by the trial court, are substantially as follows. Prior to the 1979 annual town meeting, Londonderry voters were legally warned of a vote on whether “to approve the construction of the proposed Pingree Park with Federal, State and Local Funds and to appropriate a sum not to exceed $41,000.00, to be paid over a…