Cited by
Opinions in New Hampshire that cite In re Below, 855 A.2d 459.
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Contoocook Valley Sch. Dist. v. State
2025 N.H. 29
N.H. 2025
Much like the power to appropriate, the constitution vests the legislature with the exclusive power to draw legislative districts and the obligation to do so every ten years to ensure that “the constitutional imperative of one person/one vote” is honored following the federal census.
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Miles Brown & a. v. Secretary of State
N.H. 2023
Thus, “we tread lightly in this political arena, lest we materially impair the legislature’s redistricting power.” Petition of Below, 151 N.H. 135, 150 (2004) (Below II).
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Daniel Richard v. Speaker of the House of Representatives & a.
N.H. 2022
“When interpreting a constitutional provision, we will look to its purpose and intent, bearing in mind that we will give the words in question the meaning they must be presumed to have had to the electorate when the vote was cast.” Petition of Below, 151 N.H. 135, 139 (2004) (quotation omitted).
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Theresa Norelli & a. v. Secretary of State & a.
N.H. 2022
Here, any incidental political ramifications that may result would be the consequence of the fact that the legislature did not “reapportion according to constitutional requisites in a timely fashion.” Petition of Below, 151 N.H. 135, 137 (2004) (quotation omitted).
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Anna Carrigan v. New Hampshire Department of Health and Human Services & a.
N.H. 2021
“The language used by the people in the great paramount law which controls the legislature as well as the people, is to be always understood and explained in that sense in which it was used at the time when the constitution and the laws were adopted.” Petition of Below, 151 N.H. 135, 139 (2004) (quotation and ellipsis omitted).
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Curtis S. Ridlon v. New Hampshire Bureau of Securities Regulation
N.H. 2019
rrectly ruled that he has a constitutional right to a jury trial because the Bureau seeks penalties in excess of $6 million and, in the alternative, because the action against him “amounts to an action for common law fraud.” Because we are the final arbiter of the meaning of both statutes, Appeal of Laconia Patrolman Assoc., 164 N.H. 552, 555 (2013), and the State Constitution, Petition of Below, 151 N.H. 135, 139 (2004), we review the trial court’s decision de novo, Linehan v. Rockingham County
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State v. Addison
165 N.H. 381
N.H. 2013
“Reviewing the history of the constitution and its amendments is often instructive, and in so doing, it is the court’s duty to place itself as nearly as possible in the situation of the parties at the time the instrument *566 was made, that it may gather their intention from the language used, viewed in light of the surrounding circumstances.” Petition of Below, 151 N.H. 135, 139 (2004) (quotation and ellipsis omitted).
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City of Manchester v. Secretary of State
48 A.3d 864
N.H. 2012
the New Hampshire legislature was unsuccessful in its efforts to reapportion the house and senate during the session following the 2000 census.” Petition of Below, 151 N.H. 135, 136 (2004).
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In Re Opinion of Justices
27 A.3d 859
N.H. 2011
“It is the role of this court in our co-equal, tripartite form of government to interpret the Constitution and to resolve disputes arising under it.” Petition of Below, 151 N.H. 135, 139 (2004) (quotation omitted).
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Town of Canaan v. Secretary of State
959 A.2d 172
N.H. 2008
Petition of Below, 151 N.H. 135, 137 (2004) (Below II).
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Londonderry School District SAU 12 v. State
907 A.2d 988
N.H. 2006
However, the judiciary has a responsibility to ensure that constitutional rights not be hollowed out and, in the absence of action by other branches, a judicial remedy is not only appropriate but essential.
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Akins v. Secretary of State
904 A.2d 702
N.H. 2006
It is the role of this court to interpret the State Constitution and to resolve disputes arising under it.
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Baines v. New Hampshire Senate President
876 A.2d 768
N.H. 2005
“We are the final arbiter of State constitutional disputes.” Petition of Below, 151 N.H. 135, 139 (2004).