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IN RE ELECTION OF MASSEY

No. 51,130

227 Kan. 155 (1980)

605 P.2d 147

IN THE MATTER OF THE ELECTION OF FRED MASSEY TO POSITION No. 3, BOARD OF EDUCATION, UNIFIED SCHOOL DISTRICT No. 469, LANSING, KANSAS. FRED MASSEY, Contestee, Appellant. MARGARET BERGER, Contestant; LARRY SCHELLER, LEAVENWORTH COUNTY CLERK; and UNIFIED SCHOOL DISTRICT No. 469, Appellees.

Supreme Court of Kansas.

Opinion filed January 19, 1980.

Attorney(s) appearing for the Case

Michael J. Waite, of Leavenworth, was on the brief for the appellant.

Edward J. Chapman, Jr., of Leavenworth, argued the cause and was on the brief for appellee Unified School District No. 469; and Patrick J. Reardon, county attorney, argued the cause and was on the brief for appellee Larry Scheller, Leavenworth County Clerk.

The opinion of the court was delivered by

MILLER, J.:

This is an election contest arising out of a school board election. Margaret Berger, a registered voter in member district No. 3, successfully contested the election of Fred Massey to position No. 3 on the board of education of Unified School District No. 469. He appeals, contending that the trial court erred as a matter of law.

An election contest is a special statutory procedure governed by laws...

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