THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 99-046, Kenneth Webster and Margaret Demos, as Trustees of the
Kenneth Webster Trust & a. v. Town of Candia & a.; No. 2000-348, Julee
Sanderson, as Trustee of Candia Rangeway Realty Trust v. Town of Candia &
a., the court on August 20, 2001, made the following order:

The plaintiffs’ motion for reconsideration is granted in part and

denied in part.

Upon reconsideration, the slip opinion issued on May 21, 2001, is

amended as follows. On page 11 of the opinion we delete the
following: "The Right-to-Know Law applies only to meetings of a
quorum of members of a public body, not to conversations among
individual members outside of such meetings. See RSA 91-A:2, I
(Supp. 2000)." We insert the following in its place:

The Right-to-Know Law does not

apply to isolated conversations
among individual members outside
of public meetings, unless the
conversations were "planned [or]
intended for the purpose of
discussing matters relating to official
business" and the public entity made
decisions during them. See RSA 91-
A:2, I (Supp. 2000). Although
Sanderson alleged that the
conversations were intended to
discuss matters related to official
business, she did not allege that any
decisions were made during them.

The court substantively addressed all but one of the plaintiffs’

remaining arguments for reconsideration in its slip opinion. The
court observes that even if the plaintiffs’ due process argument was
preserved, it was not reviewable on appeal because it was
undeveloped. See State v. Chick, 141 N.H. 503, 504 (1996)
(passing reference to constitutional claim renders argument
waived); Keenan v. Fearon, 130 N.H. 494, 499 (1988) ("off-hand
invocations" of constitutional rights supported by neither argument
nor authority warrant no extended consideration).
 The plaintiffs’ motion to supplement the record is denied. That
Flint Road was designated as a scenic road in March 2001 has no
bearing upon whether the planning board’s decisions issued in
1998 and 1999 were lawful.

Brock, C.J., and Broderick, Dalianis and Duggan, JJ., concurred.

Howard J. Zibel,

Clerk

Date of clerk’s notice of decision: August 28, 2001