The city of Rochester provides a water and sewer utility service to its citizens. A manufactured housing park was constructed in 1986, and services were billed to the park owner based upon the reading of a master meter. In 2001, the park owner installed, at his own expense, individual meters upon each residence in the park, and requested to the city to bill each resident individually. The city refused, and continued to send a bill to the park owner based upon a reading of the master meter. The park owner sought a court order to compel the city to change to individual billing (a writ of mandamus), which was denied at the Superior Court.
On appeal, the Supreme Court reversed, finding that so long as a park owner complies with the requirements of RSA 205-A: 6, II, a utility provider must provide individual bills to park residents. The use of the word “shall” in the statute renders the provision mandatory. Thus, the issue of individual billing is in the control of the park owner, and the utility may be required to change its system of billing for park residents.