Legal Opinion
Shirley v. New Hampshire Water Pollution Commission
Supreme Court of New Hampshire
Decided July 6, 1956No. 4512PublishedCited by 10 opinions
1Opinion of the CourtDuncan, J.
So far as this action is against the State, it may not be maintained because the State has not consented thereto. Rothrock v. Loon Island, 96 N. H. 421, 422, and cases cited; Wiseman v. State, 98 N. H. 393. Since it is claimed however, that the Water Pollution Commission is acting pursuant to an invalid statute, and the plaintiffs allege that in consequence they will be required to pay taxes for an illegal purpose, the action may be maintained against the Commission. Conway v. Water Resources Board, 89 N. H. 346.
The pendency of the bill in equity brought by the State is not thought to…
2Cases cited4 opinions
- State Ex Rel. Martin v. City of JuneauWisconsin Supreme Court · 1941
- Madison Metropolitan Sewerage District v. Committee on Water PollutionWisconsin Supreme Court · 1951
- City of Huntington v. State Water CommissionWest Virginia Supreme Court · 1953
- School District of Ferndale v. Royal Oak Township School District No. 8Michigan Supreme Court · 1940
3Cited by10 opinions
- United States v. Ottati & Goss, Inc.District Court, D. New Hampshire · 1985
- Sibson v. StateSupreme Court of New Hampshire · 1975
- State of New Hampshire v. Exxon Mobil Corporation & a.Supreme Court of New Hampshire · 2015
- State v. City of DoverSupreme Court of New Hampshire · 2006
- Appeal of Stratton Corp.Supreme Court of Vermont · 1991
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