Thursday’s decision arises from one of more than a dozen lawsuits resident Laurie A. Ortolano has filed against Nashua in the past five years under the RTK law. It clarifies that a 2008 change to the law didn’t narrow the scope of entities bound by it. Legislators added language specifying that government-owned nonprofit corporations are public bodies subject to the RTK law, but that doesn’t mean all for-profit corporations are exempt, the court ruled.
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To determine whether an entity constitutes a public body under the RTK law, judges still must conduct a “government function” test, just as they were required to do before the 2008 change to the law. The lower court failed to do that in this case.
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In response to Thursday’s decision, Ortolano said it seems fairly clear that NPAC Corp. is using public money to perform a government function, especially considering how involved city officials have been in the entity’s financing and administration.
Ortolano said officials had long reassured the public that the performing arts center would be operated transparently, but then they established the for-profit entity.
“All of the records went dark, and you could not really track accountability of the money any longer,” she said.
Ortolano’s lawsuit alleges the city owns a nonprofit entity that owns the for-profit corporation, but city attorney Steven A. Bolton disputed that. Nashua doesn’t own any of the entities in question, he said. (That said, the city’s Board of Alderman approves mayoral appointees to lead the nonprofits.)
Bolton said he was pleased that the Supreme Court agreed with the trial court’s decision to dismiss the city as a defendant in this case, and he expressed confidence that the money raised for this project was spent appropriately on construction, furnishings, and perhaps initial operating costs.
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Attorneys for the remaining defendant, NPAC Corp., didn’t respond Thursday to requests for comment. The corporation maintains it is a private entity exempt from the RTK law, even though its members are listed on the city’s website alongside other municipal boards and committees.
Gregory V. Sullivan, an attorney who practices in New Hampshire and Massachusetts and who serves as president of the New England First Amendment Coalition, said he suspects the superior court will conclude that NPAC Corp. is subject to the RTK law. He commended Ortolano as “a right-to-know warrior” and criticized leaders who resist transparency.
“The city of Nashua has historically, in my opinion, not been cooperative with requests to disclose the public’s records as opposed to other cities and towns in New Hampshire,” he said. “We the people are the government, own the government, and they’re our records.”
This article first appeared in Globe NH | Morning Report, our free newsletter focused on the news you need to know about New Hampshire, including great coverage from the Boston Globe and links to interesting articles from other places. If you’d like to receive it via e-mail Monday through Friday, you can sign up here.
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Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.
WILTON, N.H. (WHDH) – A woman died in a Wilton, New Hampshire, house fire Wednesday morning, according to the New Hampshire State Fire Marshal’s Office.
At 9:08 a.m., Wilton firefighters responded to Burns Hill Road after a caller said their home was filling up with smoke. When they arrived, a single-family home was on fire and they found out two people were still inside on the second floor.
A man and a woman were both taken out of the house by firefighters and taken to Elliott Hospital. The woman was pronounced dead and the man is in serious condition.
Officials have not released the name of the victim at this time.
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At this time, investigators are looking into the cause of the fire and are trying to determine if a power outage in the area played a factor. The fire is not currently considered suspicious.
(Copyright (c) 2025 Sunbeam Television. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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Diane Durgin, 67, is accused of shooting at a Black man who inadvertently drove to her property after a prearranged truck part sale, prosecutors said.
A New Hampshire woman is accused of violating the state’s Civil Rights Act four times after she allegedly shot at a man because he was Black, prosecutors said.
Diane Durgin, 67, of Weare, N.H. could face up to a $5,000 fine for each violation she is found to have committed, the office of New Hampshire Attorney General John Formella said in a press release Tuesday.
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Durgin is also charged with criminal threatening against a person with a deadly weapon and attempted first degree assault with a deadly weapon, Michael Garrity, a media representative for the New Hampshire Attorney General, said in an emailed statement to Boston.com.
Durgin had a final pre-trial conference last week, Garrity said.
In a civil complaint filed Tuesday, Durgin is accused of threatening physical force against the victim, the AG said. Prosecutors asked the court to issue a preliminary injunction barring Durgin from repeating her alleged behavior and from contacting the victim and his family.
During the morning hours of Oct. 20, 2024, the victim claims, he “mistakenly” drove to Durgin’s home after a prearranged purchase of a truck part with a seller online, prosecutors wrote as part of their request for an injunction.
When the man — whom prosecutors identified in court documents as X.G. — arrived, Durgin allegedly stepped out of her home and approached his car with a gun “holstered by her waist,” prosecutors wrote.
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Upon noticing that X.G. was Black, Durgin allegedly “removed her gun and pointed it at X.G.,” prosecutors said in the injunction request.
While X.G. explained that he was lost, Durgin called the victim a “Black mother[expletive],” and threatened to “kill him,” prosecutors allege.
As the victim attempted to drive away, Durgin allegedly took her gun and fired two shots at the fleeing man’s car, missing both times, the AG’s office said.
While on the phone with a dispatcher, Durgin allegedly said she shot the man’s car because the victim is Black, the AG said.
“The guy is Black. And he, he…he says he’s meeting someone here and I think he’s coming here to steal,” Durgin allegedly said.
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Police located X.G. and brought him to the Weare Police Department, stopping along the way at the correct seller’s home to complete the truck part purchase, prosecutors wrote in court documents.
To prove a violation of the New Hampshire Civil Rights Act, the AG must show that Durgin “interfered or attempted to interfere with the rights of the victim to engage in lawful activities by threatening to engage in or actually engage in physical force or violence, when such actual or threatening conduct was motivated by race, color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability,” prosecutors said.
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