MVSD Failed to Dismiss RTK Violations

Judge Diane M. Nicolosi denied a motion to dismiss a lawsuit alleging several violations of the Right-to-Know Law against the Merrimack Valley School District. A separate claim on electioneering was dismissed.

In the court ruling dated May 10, 2016, the judge ruled that the statute of limitations and doctrine of laches do not apply to the RSA 91-A lawsuit. Similarly, the claims were ruled not moot even though they extend back to 2004 because the lawsuit only seeks to enjoin future violations. The lawsuit claims the MVSD board illegally deliberated and voted in non-public session to fill board vacancies. It also claims that administrators who attended non-public meetings were not recorded in the minutes. The judge also ruled that all parts of a public meeting must be audible, even when no member is attending by phone.

Since the motion to dismiss was denied, the lawsuit will move forward.  The hearing is scheduled for June 27, 2016 at 10:00 a.m in Merrimack County Superior Court.

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