[The Town Attorney has stated the following with regard
to the effect of the Board of Selectmen's enactments on Town
Meeting enactments:
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"Under New Hampshire law, stated at RSA 31:126, municipal
legislation is entitled to a conclusive presumption of compliance
with statutory enactment procedure if five years have passed since
its enactment. New Hampshire law provides that any claim that municipal
legislation is invalid for failure to follow a prescribed statutory
enactment procedure may be asserted only within five years of the
enactment of the legislation and not afterward. RSA 31:128 provides
that a certified copy of the municipal legislation or a certified
code, codification or compilation which includes the legislation shall
constitute prima facie evidence that legislation was enacted on or
prior to the date of certification.
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"Where the Town Meeting has previously established a fee
and the Board of Selectmen, acting under authority granted it by state
law, has modified that fee, both the original enactment by the Town
Meeting and the subsequent modification by the Board of Selectmen
are valid. Similarly, where the Board of Selectmen has heretofore
acted and the Town Meeting has subsequently ratified the actions of
the Board, both the initial enactment by the Board of Selectmen and
the subsequent ratification by the Town Meeting are valid and create
enforceable obligations under the law."]
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