NOW COMES, the Oyster River School Board by its attorneys, Soule, Leslie, Kidder, Sayward & Loughman and objects to the dismissal of this action for the reasons stated below.

1. This action concerns the validity of the Oyster River School District's vote to approve a bond issue at a special meeting of the District held on November 16, 1999.

2. Plaintiff's contend this action is moot because a similar bond issue was subsequently approved by vote of the District on Article 3 at the District's annual meeting on March 14, 2000.

3. The validity of the District's March 2000 vote, however, has been challenged in a case now pending in Strafford County Superior Court, Case No. 00-E-0056 Shenefiel v. Oyster River School Board (See Exhibit A attached). That case challenges the propriety of amendments to two bond articles that were submitted by petition and seeks in its prayer for relief to "throw out the results of the March 14, 2000 ballot vote Article 3 (sic), which is intimately related to Articles 4 and 5".

4. In view of the pendancy of Shenefiel v. Oyster River School Board this action is not moot. If the District's March 14, 2000 bond vote is ultimately invalidated by the Court as a result of Shenefiel v. Oyster River School Board the District's November 16,1999 vote at issue here will be the only vote approving the construction of additions and renovations to the Oyster River High School.

WHEREFORE, the Defendant/Appellate requests this Honorable Court:

1. Deny the Plaintiff's Motion to Dismiss; and

2. Grant such other and further relief as the Court deems just.

Respectfully submitted this 12th day of April 2000.

THE OYSTER RIVER SCHOOL BOARD, ET AL
By Their Attorneys,
Soule, Leslie, Kidder, Sayward & Loughman

By: [signed]
Gordon B. Graham
220 Main Street
Salem, NH 03079
(603) 898-9776
N.H. Bar No. 981

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Objection has this day been forwarded to Anthony A. McManus, counsel for Plaintiff and to the Strafford County Superior Court.

[signed]
Gordon B. Graham

Last update on 19-Apr-00 at 10:19 PM.

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