WINGERT v. URBAN

No. 2-59622.

250 N.W.2d 731 (1977)

In the Matter of the Contest of the Des Moines Municipal Primary Election and General Election, Filed by George WINGERT (Consolidation of Polk County District Court cases Equity No. CE5-2463, Equity No. CE4-2187 and Equity No. CE4-2189), Contestant-Appellee, v. Tim URBAN, Incumbent-Appellant, for the Four-Year at Large City Council Vacancy.

Supreme Court of Iowa.

February 16, 1977.


Attorney(s) appearing for the Case

Arthur C. Hedberg, Jr., of Hawkins, Hedberg & Ward, and Richard B. Margulies of Rosenberg & Margulies, Des Moines, for incumbent-appellant.

Patrick H. Payton of Payton & Hearn, P. C., Des Moines, for contestant-appellee.

En Banc.


HARRIS, Justice.

This appeal stems from a contested election for a seat on the Des Moines city council. The trial court held the candidate who received the greater number of votes was not legally on the ballot and thus could not assume office. The ruling then concluded the candidate receiving the lesser number of votes should be certified as the winner. We reverse the trial court.

The voters at the November 12, 1975 regular election for the Des Moines city...

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