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SPENCER v. SMYRNA BD. OF EDUC.

547 A.2d 614 (1988)

Clarence E. SPENCER and Linda A. Spencer, Plaintiffs, v. SMYRNA BOARD OF EDUCATION and David Morrison, President, P. Brooks Banta, Member, Richard Nelson, Member, Michael McGrath, Member, Stephen Faulkner, Member, and the State Board of Education, Defendants.

Superior Court of Delaware, Kent County.

Decided: April 29, 1988.

Opinion Issued: May 4, 1988.

Attorney(s) appearing for the Case

Barry W. Meekins and Stephen A. Hampton, Dover, for plaintiffs.

Nicholas H. Rodriguez of Schmittinger & Rodriguez, P.A., Dover, for defendants Smyrna Bd. of Educ., David Morrison, president, and P. Brooks Banta, Richard Nelson, Michael McGrath, and Stephen Faulkner, members.

Marcia Rees, Deputy Atty. Gen., of the Dept. of Justice, Wilmington, for defendant the State Bd. of Educ.

OPINION

RIDGELY, Judge.

In this proceeding, plaintiffs request this Court to declare void a special election conducted by the Smyrna Board of Education ("Smyrna Board") on April 12, 1988. In that election, voters were given the opportunity to vote on two issues: (1) for or against the transfer of funds from a capital-improvement account to a current-operating-expenses account; and (2) for or against the levy and...

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