As local planning experts predicted more than a year ago, Hooksett’s growth management ordinance has been ruled unconstitutional. The superior court ruling comes as a number of largescale residential and commercial development plans are looming, and as planners draft new residential growth limits for voters to consider. … Merrimack Superior Court Justice Kathleen McGuire, in a ruling issued April 27, sided with the developer, and wrote that the ordinance “does not rest on scientific and statistical evidence.”
I don’t know if this ruling is based on state or federal law, but it reaks of a judge imposing her opinion over the will of the people.