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ENTERPRISE RESIDENTS ETC. COMMITTEE v. BRENNAN

Docket No. S.F. 23832.

22 Cal.3d 767 (1978)

587 P.2d 658

151 Cal. Rptr. 1

ENTERPRISE RESIDENTS LEGAL ACTION AGAINST ANNEXATION COMMITTEE et al., Plaintiffs and Appellants, v. RICHARD BRENNAN, as Clerk, etc., et al., Defendants and Respondents.

Supreme Court of California.

December 14, 1978.

Attorney(s) appearing for the Case

COUNSEL

Thomas D. Logie for Plaintiffs and Appellants.

Robert A. Rehberg, County Counsel, for Defendants and Respondents.

OPINION

MOSK, J.

Elections Code section 20084 provides that in an election contest the court shall open and recount the ballots at trial if the statement filed by the contestant appears to make a recount "necessary for the proper determination of the contest."1 The issue we are asked to resolve is whether a contestant may compel a recount under this section as a matter of right if the ground upon which...

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