Legal Opinion · Dissent

Piper v. Meredith

Supreme Court of New Hampshire

Decided June 5, 1970No. 6029Published

1DissentGrimes, J.

Although the police power of the State may be “broad,” “flexible” and “expanding” tire police power of towns is confined to that which has been granted by statute. *301The rule of construction favoring the validity of statutes does not apply to town ordinances. The existence of authority must be found in the statutes by normal rules of statutory construction and we are not called upon to uphold an ordinance “ if it possibly may be ” or “ by a rule stretching a statute to a strained meaning.” State v. Paille, 90 N.H. 347, 352, 9 A.2d 663, 666.

The legislature under its police power has provided in…

2Cases cited21 opinions

  1. Tremarco Corporation v. GarzioSupreme Court of New Jersey · 1960
  2. Sundeen v. RogersSupreme Court of New Hampshire · 1928
  3. Town of Deering Ex Rel. Bittenbender v. TibbettsSupreme Court of New Hampshire · 1964
  4. Plainfield v. HoodSupreme Court of New Hampshire · 1968
  5. New London v. DavisSupreme Court of New Hampshire · 1904

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