Court Skirts Decision in Historical Society Infighting

A request in September for a preliminary injunction against the current leadership of the Nashua Historical Society, requested on behalf of ousted President Terry Romano, has been denied by Superior Court Justice Diane M. Nicolosi.

Romano's attorney has until Jan. 17 to provide a convincing reason why the court should get in the middle of what has been a long-running feud between Historical Society factions.

"Both sides agreed the bylaws did not give the board authority directly to remove an elected officer, in this instance, Terry Romano. However, the bylaws had a gap filler provision that stated, in so many words, that anything not specifically addressed can be referred to Roberts Rules of Order – and both sides agreed that a particular section governed the controversy," said Attorney Francis Murphy, who is representing Romano.

According to Murphy, Romano is seeking a definitive answer as to whether the board illegally removed her from office in April of 2013, based on the organization's bylaws, and Roberts Rules of Order.

Romano was elected in 2012 to a two-year term by 90 percent of votes cast by NHS members. She was ousted in April of 2013 by the board and officers by a vote of 16-1, who did so in confidence during an executive session.

What led to that, Romano believes, was a conspiracy of sorts in reaction to many of her initiatives, including a series of President's luncheons and other fundraisers meant to reinvigorate the Society with new members and more revenue.

She also began to ask for authority to look over the membership rolls and inquire as to how the Society's artifacts were catalogued and stored, and millions in assets being handled.

Nicolosi's decision, issued Dec. 11, denies Murphy's request for an injunction. However, she is also refusing to take sides, saying she did not want to intervene with the "internal affairs of a private society," Murphy said, citing in particular an appellate court decision from Tennessee.

"Neither side expected that," Murphy said. "We were ready for a ruling. Now she gave me until Jan. 17 to address the question of whether she should, in fact, rule on this question, or defer because it's just a matter of the internal affairs of a historical society."

Murphy says he will argue that that case law in New Hampshire exists to reinforce that the court should intervene when "injustice or illegal action" has been demonstrated, which he maintains is the case in the removal of Romano from her position as President.

The Historical Society has until Feb. 7 to respond to Murphy's argument.

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The court document is uploaded above.