The New Hampshire Supreme Court granted a stay over a school funding lawsuit decision Wednesday, hitting pause on a sweeping order that would force the state to double its spending on public schools.
Without comment, all five justices concurred with the stay over the lawsuit, Contoocook Valley School District v State of New Hampshire. The move allows the state time to appeal a November Rockingham County Superior Court decision up to the Supreme Court.
The November decision, issued by Judge David Ruoff, found that the state was not meeting its constitutional obligation to provide an “adequate education” because the minimum, per pupil amount provided to school districts – about $4,100 per year – is too low. Instead, Ruoff said, the state should spend at least $7,356.01 to account for realistic public school expenses.
Under New Hampshire’s school funding system, any school costs not covered by the state must be raised by local property taxes.
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Last month, Ruoff denied the state’s motion to reconsider or delay his decision and ordered that the state move ahead immediately. But the Supreme Court’s stay overrides that order. The state has said it will appeal the matter to the Supreme Court, promising what could be a years-long, high-profile court fight.
In its motion to the Supreme Court to stay the ruling, the Department of Justice argued the state would “suffer irreparable harm” if Ruoff’s order were not paused, since the order would require a $537.6 million annual spending increase to the state’s Education Trust, which currently spends just over $1 billion per year.
Republican politicians have criticized Ruoff personally: Senate President Jeb Bradley, of Wolfeboro, accused Ruoff of judicial overreach during a press conference in January.
And Gov. Chris Sununu has suggested Ruoff should no longer serve as a judge.
“That judge is a politically activist judge that I think has no place on the bench,” Sununu said at a recent Chamber of Commerce event, in remarks reported by New Hampshire Public Radio.
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“I even voted for the guy when I was on the (Executive) Council,” Sununu continued. “I couldn’t be more disappointed. Because it was all politics.
“… A judge shouldn’t be telling the state a dollar amount. That’s not a judge’s job.”
But advocates in favor of changing the state’s school funding balance say that Ruoff’s ruling acknowledged a reality – that the state does not pay enough for districts to run their schools – and sought to correct that reality by forcing the Legislature’s hand.
“The track record of the Legislature, as exemplified by decades of inaction, is not one of proactive, meaningful reform to school funding to fulfill the constitutional right of New Hampshire students to an adequate education,” said Zack Sheehan, executive director of the advocacy group New Hampshire School Funding Fairness Project, in December.
The ConVal case is one of two active school funding lawsuits. The second case, Rand v. State of New Hampshire, was brought by taxpayers, who argue the state’s property-tax-driven school funding system is not equitable and disproportionately hurts taxpayers in poorer towns.
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In the Randcase, Ruoff issued a partial summary judgment ruling in November that found that the statewide education property tax (SWEPT) is not constitutional and should be changed to redistribute revenue from wealthier towns to poorer towns. The Supreme Court did not issue a stay over that order Wednesday.
The Randcase was filed after the ConValcase. Plaintiffs in the Rand case have not yet received a full superior court trial; attorneys for the plaintiffs say they are waiting to see if the Supreme Court will attempt to take up the two cases together or split them and let the Rand case work its way through a trial in Rockingham County Superior Court.
CONCORD – While Republican Gov. Kelly Ayotte has said she opposes increasing highway toll rates across the state, the Senate voted Thursday to increase rates for out-of-state license plate holders.
It now goes to the House for consideration.
This would be a $1 increase for those who have out of state plates going through the tolls at Hooksett, Hampton and Bedford for out-of-state plates, a 75 cent hike for those taking Hampton’s Exit 2 and on the Spaulding turnpike at Rochester, and a 50 cent hike for those taking the exit off I-93 to Hooksett.
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An analysis in the bill shows that this would increase toll revenue by $53.3 million in fiscal year 2027 and go up each year to generate $81.4 million a year in 2036.
Senate Bill 627 passed on a voice vote with two Republicans, Senators Regina Birdsell of Hampstead and William Gannon of Sandown opposing.
Senator Mark E. McConkey, R-Freedom, moved to take the bill off the table and offered an amendment. He said the last time there was a systemwide increase to the turnpike toll was 19 years ago.
“I am sure we could all agree the cost of operations…has continued to escalate when revenue is not rising with it,” and he noted that with an enterprise fund, the state can only spend what it takes in.
The state has just completed a 10-year highway plan and there was a $400 million shortfall in projects that could not be paid for under the current income.
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McConkey said the measure would not increase tolls for New Hampshire drivers with a state license plate.
“Why don’t we ask our neighbors,” to pay a toll increase. “We are getting the best of all worlds,” by passing the bill, he said, including “protecting our residents” and having resources for improvements to the turnpike system.
Sen. Gannon, R-Sandown, asked McConkey if there are any studies on impacts near the border on businesses.
If implemented, McConkey said the state will be the 27th lowest in per mile cost still. McConkey said the bill would also increase from seven to 14 days the amount of time for those with NH license plates to pay for a toll adding there are other states that also have different rates for out-of-state users.
The Hampton toll cost would go from $2 to $3, while Hooksett and Bedford would rise from $1 to $2 for out-of-state plates.
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New Hampshire currently has the lowest rate per mile among states with tolls roads. The governor said she does not support a toll increase.
“We are not going to put a burden on drivers for a toll increase,” Ayotte said. “Families are struggling.”
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.
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