Move to stop emergency delegation meeting came too late

GILFORD — A local resident unsuccessfully sought to have a court intervene to stop Monday night’s meeting of the County Delegation.

Stephen Peterson filed an emergency motion for a temporary restraining order on Monday to stop the meeting, called by a majority of members of the 17-member delegation to appoint a new member to the Gunstock Area Commission, as well as to accept the resignation of GAC Commissioner Dr. David Strang.

But the court did not take notice of Peterson’s filing until Tuesday, by which time the meeting had already taken place, according to court documents.

“This motion was filed at the close of business on August 1, 2022, and the court was unaware of it being filed. The motion is now moot,” Superior Court Judge Amy Ignatius wrote in a memo note attached to the court file on Tuesday.

In his motion, Peterson said Monday’s meeting was illegal because the notice of the meeting had not been announced seven days in advance, which he maintained was required under state law.

“Because the meeting was scheduled within 30 hours of its announcement and it was not scheduled per the state statutes, it cannot take place,” Peterson wrote.

State Rep. Harry Bean called an emergency meeting on behalf of a quorum of the delegation, and County Administrator Debra Shackett subsequently posted the announcement of the meeting on Sunday at 3:13 p.m.

County Delegation Chair Mike Sylvia told a Union Leader reporter on Monday that the meeting was illegal because only the delegation chair had the authority to call an emergency meeting. Belknap County Attorney Andrew Livernois issued a written statement later in the day, however, saying that in his opinion the meeting was proper.