New Hampshire Motor Transport Ass'n v. State

The plaintiff, New Hampshire Motor Transport Association (Association), brought this equitable action challenging the State’s expenditure of funds under Part II, Article 6-a of the New Hampshire Constitution for purposes of planning and constructing the Nashua Commuter Rail Project (Rail Project). The Association and the defendants, the State of New Hampshire and the Commissioner of New Hampshire Department of Transportation, filed a joint request for interlocutory transfer without ruling which the Superior Court (Fitzgerald, J.) granted. The questions of law presented are: (1) whether Part…