Fred S. Teeboom v. City of Nashua Daniel Moriarty v.

Plaintiff Fred S. Teeboom appeals an order of the Superior Court (Temple, J.) dismissing his claims for declaratory, injunctive, and mandamus relief based upon the court's determination that the budget spending cap1 in the Nashua city charter is unenforceable because it violates state law. We affirm.

I. Pertinent Facts

The trial court found the following facts. The spending cap was added to the Nashua city charter in November 1993. As quoted by the trial court, the spending cap provides:

Recognizing that final tax rates for the City are set by the New Hampshire Department of Revenue…