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ZAPOTOCKY v. DALTON

No. 29875-2-III.

271 P.3d 326 (2012)

166 Wn. App. 697

Cindy ZAPOTOCKY, Chairman, Spokane Republican Party, Appellant, v. Vicky M. DALTON, Spokane County Auditor, Respondent.

Court of Appeals of Washington, Division 3.

February 23, 2012.

Attorney(s) appearing for the Case

Stephen W. Pidgeon , Attorney at Law PS, Everett, WA, for Appellant.

Dan L. Catt , Attorney at Law, Deputy Spokane Co. Prosecuter, Spokane, WA, for Respondent.

BROWN, J.

¶ 1 Cindy Zapotocky appeals the trial court's summary dismissal of her application for writ of mandate seeking to compel Vicky Dalton, Spokane County Auditor, to recount selected ballots in the November 2, 2010, general election. She contends the trial court erred in concluding: (1) Ms. Dalton had no clear, legal duty to recount the ballots in the manner requested, (2) Ms. Dalton's duty to recount involved discretion on her part, (3) Ms. Zapotocky had...

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