Winchester Taxpayers' Ass'n v. Board of Selectmen

This is an appeal from the denial of a petition filed in the superior court requesting that the court order the board of selectmen to “schedule forthwith and hold a special town meeting of the town of Winchester” pursuant to RSA 39:9. Following a trial, the Master (Charles T. Gallagher, Esq.) recommended that the petition be dismissed. The Court, Loughlin, J., approved this recommendation, and, pursuant to RSA 490:10, allowed and entered all questions of law raised by the pleadings and proceedings. The issues presented are whether the selectmen have any discretion under RSA 39:3 (Supp. 1975)…