Balke v. City of Manchester

Summary

The New Hampshire Supreme Court held that RSA 485:14 requires a public hearing and voter approval in each municipality whose residents use water from a water system before fluoride may be introduced into that supply. The court rejected Manchester’s argument that approval was required only in Manchester, the municipality that owned and operated the Manchester Water Works. The court affirmed the trial court’s order, extending the compliance deadline to June 30, 2005.

Holdings

1. RSA 485:14 requires a public hearing and referendum in each municipality in which residents use the water supplied by Manchester Water Works; approval solely by the municipality that owns and operates the water system is insufficient.
2. The possibility that a vote or failure to satisfy referendum prerequisites in one municipality could prevent fluoridation throughout the system does not authorize the court to depart from the clear statutory language; resolving those policy difficulties is the legislature's responsibility.

Questions Presented

1. Whether RSA 485:14 requires a public hearing and voter approval in every municipality whose residents use water supplied by Manchester Water Works before fluorine may be introduced into that water supply.
2. Whether interpreting RSA 485:14 to require approval in each receiving municipality conflicts with the statutory scheme or produces absurd or unjust results.

Disposition

affirmed