BRANDS v. MALLORY

No. WD 36701.

706 S.W.2d 595 (1986)

Henry BRANDS, Louise M. Essary, E.P. Priggel, individually, and as representatives of a group known as The Committee of Concerned Citizens of Portageville, Missouri, Appellants, v. Arthur L. MALLORY, Commissioner of Education of Missouri, and Missouri State Board of Education and Delmar A. Cobble, Robert L. Welling, Roseann Bentley, Dan L. Blackwell, Terry A. Bahn, Grover A. Gamm, Jimmy Robertson and Donald E. West, as members of and constituting the Missouri State Department of Education and the Missouri State Department of Elementary and Secondary Education, and Jim W. Farrenburg, clerk of the county court, New Madrid County, Respondents.

Missouri Court of Appeals, Western District.

March 11, 1986.


Attorney(s) appearing for the Case

Diane C. Howard, Cape Girardeau, Limbaugh, Limbaugh, Russell & Syler, for appellants.

William L. Webster, Atty. Gen., Jefferson City, Margaret K. Landwehr, Asst. Atty. Gen., for respondents.

Before TURNAGE, J., Presiding and DIXON and LOWENSTEIN, JJ.


DIXON, Judge.

This is an appeal from an order of the trial court denying a stay of an election to change the boundary lines between two school districts and declaring the proposed boundaries lawful. The appeal is moot and must be dismissed.

The election to which the stay order was addressed and which asked voter approval of the boundaries was held on November 6, 1984. In that election the voters rejected the proposed boundary which appellants contend was illegal...

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