Cited by

of Parole, 115 N.H. 414, 422, 342 A.2d 634, 639 (1975) (quoting Atherton v. Concord, 109 N.H. 164, 165, 245 A.2d 387, 388 (1968)).

at 266, 480 A.2d at 116; cf. Atherton v. Concord, 109 N.H. 164, 166, 245 A.2d 387, 389 (1968), overruled in part by Totty v. Grantham Planning Board, 120 N.H. *595 388, 415 A.2d 687 (1980) (itself overruled in part by Winslow v. Holderness Planning Board, supra at 268, 480 A.2d at 117).

This is because it is well settled that a stricter rule must apply in the former situation than in the latter, both in deciding whether to disqualify an official, Atherton v. Concord, 109 N.H. 164, 166, 245 A.2d 387, 389 (1968) (citing Rollins v. Connor, 74 N.H. at 458, 69 A. at 778), overruled in part in Totty v. Grantham Planning Board, 120 N.H. 388, 415 A.2d 687 (1980), and in determining the effect of such a disqualification upon a decision of a municipal body.

The facts of this case do not require that we overrule Atherton v. City of Concord, 109 N.H. 164, 245 A.2d 387 (1968) in its entirety, but to the extent that it is inconsistent with this opinion, it is overruled.

Marshall v. Elwood City Borough, 189 Pa.

At common law we have previously held in the related area of conflict of interest that a conflict exists if an administrative official “ ‘votes on a matter in which he has a direct personal or pecuniary interest.’ ” Atherton v. Concord, 109 N.H. 164, 165, 245 A.2d 387, 388 (1968) (citations omitted).

id.; Atherton v. Concord, 109 N.H. 164, 171, 245 A.2d 387, 392 (1968) (Grimes, J., dissenting); cf. Ward v. Village of Monroeville, 409 U.S. 57, 60 (1972).

As it has evolved through the decisional law the rule is a reasonable one under which a conflict of interest exists if an administrative official “votes on a matter in which he has a direct personal or pecuniary interest.” Atherton v. Concord, 109 N.H. 164, 165, 245 A.2d 387, 388 (1968); Opinion of the Justices, 104 N.H. 261, 264, 183 A.2d 909, 912 (1962).

[the] error, if any, in [the selectmen] not disqualifying [themselves] was harmless.” Atherton v. Concord, 109 N.H. 164, 245 A.2d 387 (1968).

cript shows there was evidence to support the referee’s findings and the credibility of the various witnesses presented factual matters for the trier of facts “which, when supported by the evidence, must be upheld on appeal.” Amodeo v. Allen, 94 N.H. 370, 371, 54 A.2d 363, 364 (1947); see Peter Salvucci & Sons, Inc. v. State, 110 N.H. 136, 155, 268 A.2d 899, 911 (1970); Atherton v. Concord, 109 N.H. 164, 166, 245 A.2d 387, 389 (1968).

Atherton v. Concord, 109 N.H. 164, 166, 245 A.2d 387, 389 (1968); Streeter v. New Eng.

Atherton v. Concord, 109 N.H. 164, 165, 245 A.2d 387, 388 (1968); Preston v. Gillam, 104 N.H. 279, 282, 184 A.2d 462, 465 (1962).

In Atherton v. Concord, 109 N.H. 164, 168, 245 A.2d 387, 390 (1968), a conflict of employment by a municipal officer under urban renewal was cured by resignation of the employment.