PETITION FOR INJUNCTIVE RELIEF FROM ACTION TAKEN AT THE NOVEMBER 16, 1999, OYSTER RIVER SCHOOL DISTRICT MEETING.

1. The Oyster River Cooperative School District was established in 1954 and serves the towns of Durham, Lee and Madbury.

2. The Oyster River Cooperative School District has operated since 1954 without interruption and from the records has been generously supported by the citizens of the District.

3. In the fall of 1999 the Oyster River School Board warned of a Special Meeting to consider a bond proposal to fund the renovation and new construction of the Oyster River High School. The date for the vote was scheduled for November 16, 1999.

4. The Oyster River School Board and Superintendent Tom Carroll warned for the special meeting as authorized by the Legislative Enactment of HB 111 Part 2:3, effective February 3, 1999 which states; Special School District and Town Meeting Authorized. A school board may call a special meeting under RSA 197:3 without court approval and a town may call a special town meeting under RSA 31:5, without court approval, to address any issues raised by resolution of the Claremont lawsuit. This authority shall expire no later that December 31, 1999.

5. The Oyster River School Board had submitted bond proposals for the High School renovation and new construction at the two previous annual meetings of 1998 and 1999. These bond proposals were rejected by the voters.

6. Since 1895 and prior to August 17, 1999, New Hampshire statues <in general> have required a 2/3 majority vote to approve the issuance of bonds and notes in towns and school districts.

7. On August 17, 1999 HB 487 became effective law, this law now allows a 3/5 majority vote for approval; to issue bonds and notes. This act is not uniformly applied throughout the State of New Hampshire. The 3/5 requirement is directed solely to towns and school districts that have adopted RSA 40:13 as their form of government. As of July 28, 1998 there are at least 54 New Hampshire school districts and 42 towns that have adopted RSA 40:13.

8. The Oyster River Cooperative School District adopted RSA 40:13 in 1995 with an affirmative vote of 68.2%

9. HB 487 states: The issues of notes or bonds by a school district or municipality which has adopted official ballot voting procedures, pursuant to RSA 40:13 shall be authorized by a vote of 3/5. No such action taken at any special meeting shall be valid unless a majority of all legal voters are present and vote at such special meeting, unless the governing board of any municipality shall petition the superior court for permission to hold an emergency official meeting, which if granted, shall give said special meeting the same authority as an annual meeting.

10. RSA 197:3 states; RAISING MONEY AT SPECIAL MEETING. I. (a) No school district at any special meeting shall raise or appropriate money nor reduce or rescind any appropriation made at a previous meeting, unless the vote thereon is by ballot, nor unless the ballots cast at such meeting shall be equal in number to at least one half of the number of voters of such district entitled to vote at the regular meeting next preceeding such special meeting, ------ the school board may petition the superior court for permission to hold a special district meeting, which, if granted, shall give said district meeting the same authority as an annual district meeting.

11. The Oyster River School Board did not petition the Superior Court for permission to hold the special meeting under either statutes cited (see # 9,10) relying on the " Without court approval" language as set forth in HB 111 part 2:3 cited in petitioners # 4.

12. On November 16, 1999, three thousand and seven (3,007) legal voters of the Oyster River Cooperative School District went to their respective polling places in Durham, Lee and Madbury and cast their ballots. One thousand eight hundred and eighty three (1,883) voted yea.

13. The Oyster River Cooperative School District has nine thousand two hundred and ten (9,210) registered voters, who were eligible to attend and vote at the November 16, 1999 special meeting.

14. One half or a majority of 9,210 voters is 4,605. Voter turnout and ballots cast at this special meeting was 1,598 short of equaling the 1/2 or majority requirement stated in RSA 197:3 and HB 487.

15. This matter is ripe for invalidation when no other relief will correct the injustice that has already occurred and affects the citizens of Oyster River School District for the next twenty years of bond indebtedness in the amount of $19,951,897.00.

WHEREFORE. Your petitioners respectfully pray that this Honorable Court grants the following relief:

A. Invalidate the vote of the November 16, 1999 special meeting, pertaining to the $19,951,897.00 bond proposal for reconstruction and new construction of the Oyster River High School.

B. Order the Oyster River Cooperative School District to reimburse your petitioners for all costs incurred in bringing this action.

C. Grant such other relief as this court deems just and equitable.

I certify that a copy of the foregoing has this day been forwarded to the Oyster River School Board et,al. at 36 Coe Drive, Durham NH 03834

The above personally appeared and gave oath that the foregoing facts are true to his/hers knowledge and belief. Before me,

LINDA L. EKDAHL
Notary Public/Justice of the Peace
My Commission Expires March 3, 2004

Richard Gordon - only
The above personally appeared and gave oath that the foregoing facts are true to his/hers knowledge and belief. Before me,

Last update on 5-Dec-99 at 11:19 PM.

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