Legal Opinion · Concurring in part, dissenting in part

Cloutier v. State

Supreme Court of New Hampshire

Decided March 30, 2012No. 2010-714Published

1Concurring in part, dissenting in part

MANIAS, J.,

retired superior court justice, specially assigned under RSA 490:3, concurring in part and dissenting in part. I agree with the majority that the prior retirement statutes created a contract between the State and the petitioners and that RSA chapter 100-C impairs that contract. I also agree that the salary adjustments provided for by Laws 2003, 311:3 and Laws 2005,177:96 should not be included in calculating benefits under the prior retirement statutes. However, I disagree that the case should be remanded for further findings by the trial court as to whether the impairment of the…

2Cases cited10 opinions

  1. Houlton Citizens' Coalition v. Town of HoultonCourt of Appeals for the First Circuit · 1999
  2. Sal Tinnerello & Sons, Inc. v. Town of Stonington Stonington Resource Recovery Authority and Donald R. Maranell, First SelectmanCourt of Appeals for the First Circuit · 1998
  3. Sylvestre v. StateSupreme Court of Minnesota · 1973
  4. Wagoner v. GainerWest Virginia Supreme Court · 1981
  5. Miles v. Tennessee Consolidated Retirement SystemTennessee Supreme Court · 1976

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