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BD. OF COUNTY COM'RS, ETC. v. CIRAC

No. 12248.

639 P.2d 538 (1982)

BOARD OF COUNTY COMMISSIONERS OF LANDER COUNTY, Bert T. Gandolfo, Louis Lemaire and Nyle Leshikar, Members of the Board, and Emma F. Gandolfo, the Duly-Elected and Acting County Clerk of Lander County and Clerk of the Board, Appellants, v. Con L. CIRAC, Individually and on behalf of the citizens and taxpayers of Lander County, Respondents. Andrea Burton, Intervenor.

Supreme Court of Nevada.

January 28, 1982.

Attorney(s) appearing for the Case

George G. Holden, Dist. Atty., and Hy T. Forgeron, Deputy Dist. Atty., Battle Mountain, for appellants.

Woodburn, Wedge, Blakey & Jeppson and Suellen Fulstone, Reno, for respondents.

Johnson, Belaustegui & Robison, Reno, for intervenor.

OPINION

ZENOFF, Senior Justice1:

On August 17, 1978, a petition was presented to the clerk of the board of county commissioners of Lander County with the signatures of 931 persons, seeking an election on the question of the removal of the county seat from Austin to Battle Mountain.2 The board of county commissioners, pursuant to a statutory mandate that it "meet and inquire into and determine

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