Today attorneys for NHcafe presented four sound grounds on which to declare HB616 unconstitutional.
These four separate and distinct grounds challenge the constitutionality of HB616.
· HB 616 fails to define, cost out and ensure delivery of a constitutionally adequate education;
· HB 616 requires a number of municipalities to fund a constitutionally adequate education through their local taxes;
· HB 616 all but eliminates so-called “donor communities” and imposes an unreasonable and disproportionate tax burden on property-poor municipalities with respect to the funding of education; and
· HB 616 creates a classification of former donor communities that retain all the revenue they raise through the statewide enhanced education tax resulting in a violation of equal protection.
The members of NHcafe respectfully ask the Court to declare that House Bill 616 is unconstitutional.
You can view the actual Memorandum of Law and Motion for Summary Judgment at www.NHcafe.org\blog