CITY OF NASHUA
OFFICE OF CORPORATION COUNSEL
Attorney-Client Confidential Communication
Memorandum
To: | Mayor and Board of Aldermen
cc: ~= ‘File
From: Celia K. Leonard, Esquire, Deputy Corporation Counsel
Date: July 9, 2019
RE: Hillsborough County Superior Court South Docket No. 226-2019-CV-00248
Humane Society Contract
Background
The Humane Society for Greater Nashua (HSGN), in addition to its own work, has
provided shelter, pound, isolation and quarantine services for the City for over 20 years pursuant
to a series of annual written contracts. The fiscal year 2020 contract is currently before the
Finance Committee for approval. The contract as presented includes cats, as it has for decades.
One Nashua resident, Mr. Braun, is of the opinion that it is illegal for the City to so
contract with the HSGN. He has filed a lawsuit against the City and Mayor, Hillsborough
County Superior Court South Docket No. 226-2019-CV-00248, in which he is asking the court to
issue an injunction ordering the City not to contract with any third party to impound cats as
strays or for running at large. He claims that spending public funds (or approving to spend
funds) for such purposes as impounding cats as strays or running at large violates city ordinance,
specifically NRO 93-6, state law (no specific law is referenced) and the “due process clauses of
the New Hampshire and United States constitutions” (without elaboration). His petition is
devoid of case law or statutory support for his assertions.
I disagree with Mr. Braun’s legal assertions and it is my opinion that the contract with
HSGN, including the cat provisions, is legal in all respects.
