What is the procedure for challenging a municipal ordinance or regulation?
In New Hampshire, a person who wishes to challenge a municipal ordinance or regulation must first go through a process of administrative review. This process begins with the filing of a written complaint with the local board or commission with jurisdiction over the matter in question. This complaint must include a detailed description of the ordinance or regulation that is being challenged, the basis for the challenge, and any evidence or facts that support the challenge. Once the complaint is filed, the board or commission will review the complaint and hold a public hearing or other proceedings to allow for the presentation of evidence and argument by all parties involved. After the hearing, the board or commission will issue a decision regarding the challenge. If the decision is not favorable, an appeal may be filed with the New Hampshire Supreme Court. The appeal must be filed within 30 days of the decision and must include all legal arguments and facts to support the challenge. In addition, the appeal must also include written briefs from both sides of the argument. The New Hampshire Supreme Court will review the briefs, oral arguments, and evidence; and then make a final ruling on the challenge. This ruling is binding and will be the final decision regarding the matter.
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