Legal Opinion
Silva v. Botsch
Supreme Court of New Hampshire
Decided November 20, 1981No. 81-100PublishedCited by 21 opinions
1Opinion of the CourtBatchelder, J.
This appeal involves a question of first impression: May a public official, who prevails in an action to retain his official position, recover attorney’s fees for that action? We hold that he may.
The plaintiff, Edward Silva, then a selectman for the Town of Merrimack, brought an action against the other selectmen on April 11, 1980, contending that he had been wrongfully removed from the position of ex-officio representative on the town planning board before the expiration of his term, in violation of RSA 36:5 II (Supp. 1979). Both parties have stipulated that each has acted in good faith. On…
2Cases cited11 opinions
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- Harkeem v. AdamsSupreme Court of New Hampshire · 1977
- Richard H. White v. New Hampshire Department of Employment SecurityCourt of Appeals for the First Circuit · 1980
- Silva v. BotschSupreme Court of New Hampshire · 1980
- Pugliese v. Town of Northwood Planning BoardSupreme Court of New Hampshire · 1979
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Adams v. BradshawSupreme Court of New Hampshire · 1991
- McLane, Graf, Raulerson & Middleton, P.A. v. RechbergerCourt of Appeals for the First Circuit · 2002
- Claremont School District v. GovernorSupreme Court of New Hampshire · 1999
- Scheele v. Village District of EidelweissSupreme Court of New Hampshire · 1982
- Smith v. Town of WolfeboroSupreme Court of New Hampshire · 1992
16 more not listed; retrieve them via the Exa API.