Spending cap foes: Lame arguments so far

The Union Leader argues that those who oppose setting an annual spending cap for Manchester haven't come up with a good argument against it yet.

First and foremost is the idea that a spending cap is the road to damnation. Nonsense. Several New Hampshire cities and towns have spending or tax caps. They include Derry, Nashua, and Laconia, in addition to tiny Franklin, which has become the whipping boy for the anti-cap crowd in recent weeks.

Funny thing about Franklin. A group comprised largely of Manchester public employees commissioned an economist to study why caps are bad things. The economist chose Franklin, which is the state's smallest city and hardly comparable to Manchester. It also has a tax cap as opposed to Manchester's proposed spending cap. But never mind the details.

Franklin's mayor supports the tax cap. Franklin's voters reelected the mayor last week. Hmmm.

State Supreme Court ready to rule on legality of tax caps

Foster's reports on the State Supreme Court taking up the question of tax caps in New Hampshire cities.

The state's highest court is set to rule on the legality of tax caps, possibly ending months of legal wrangling that has killed citizen petitions and jeopardized the spending limits in numerous Granite State communities.

On Tuesday, a Hillsborough County Superior Court judge recommended the state Supreme Court rule on a petition challenging the legality of a proposed tax cap in Manchester.

Keep Manchester Moving, an anti-tax cap group, filed the petition and is pushing for a Supreme Court decision to be reached by the November election.

Somersworth tax cap fight turns personal

Dover has a Tax Cap. Rochester does too. Now it's Somersworth's turn to debate the issue. And as Fosters Daily Democrat reports, the debate is getting personal.

Mayoral hopeful says voters' will tops need for legal opinion
By Jason Claffey
Tuesday, August 18, 2009

SOMERSWORTH — The first (pot)shot of the latest tax cap battle rang out inside City Hall Monday night, with a mayoral hopeful slamming a city councilor for wanting to seek a legal opinion on the cap's validity.

During a regular council meeting, prominent Seacoast lawyer Lincoln Soldati, who recently announced his intention to run for mayor, said he disagreed with Councilor Dana Hilliard's desire to get an opinion from the Strafford County Superior Court on whether or not the tax cap language is legal.

Hilliard made his proposal after Mayor Michael Micucci cited a March ruling by a Merrimack County Superior Court judge that a proposed tax cap in Concord was unconstitutional. In July, the Concord City Council voted to remove a tax cap question from the ballot.

Soldati argued the council shouldn't spend money on a legal opinion until after residents vote in the November election because it will be a "moot" issue if the cap is voted down. He added the public "ought to be heard" on the issue. (more)

Tax cap debate to hit Senate floor

Tom Fahey reports in the Union Leader that a move to let any New Hampshire city or town vote on a tax cap is going to get its day on the Senate floor:

A Merrimack County Superior Court ruling in March said state law and the constitution bar adoption of tax caps in municipalities that operate under charters.

Acting on a challenge that Concord officials filed, the court said the cap would interfere with a city manager's duty under state law to present a budget to city officials.

Republicans say their proposed amendment adjusts state law to satisfy the court's concerns. It protects those communities that have adopted caps, and gives voters in other towns and cities the right to decide whether they want a cap in place, and includes an override provision if voters think cuts go too far. Democrats have resisted the amendment.

The Senate Public and Municipal Affairs Committee did not consider the cap proposal yesterday in a vote proponents hoped would bring it to the full Senate.