MacGovern Lawsuit against Association Dismissed by NH Suprerme Court
MacGovern, filed a petition on November 20, 2005, with the Grafton County Superior Court to force the Association to accept 420 proxy votes he collected prior to the Association’s annual meeting on October 23, 2005, and overturn the results of the Association’s annual officer and executive committee elections. The Superior Court dismissed the lawsuit on August 4, 2006. MacGovern appealed that decision to the state Supreme Court.
In an order issued April 18, 2007, the Supreme Court said “The petitioner’s allegations fail to ‘meet the threshold necessary to intrude upon the association’s internal affairs.’…. He has failed to state ‘any logical reason for the interference here by the courts in the internal affairs of the [Association] and we can conceive of none.’Accordingly, as the petitioner has failed to demonstrate injustice or illegal action resulting in damage to him, we … affirm the trial court’s dismissal of the petitioner’s action.”
On February 10, 2006, the Superior Court also denied MacGovern’s request for a temporary restraining order to force the Association of Alumni to include proxy votes at its February 12, 2006, meeting.
Copies of the Superior Court’s decision are available from Orr & Reno.