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WALKER v. OAK CLIFF VOLUNTEER FIRE PROT.

No. 67839.

807 P.2d 762 (1990)

Eugene E. WALKER, et al., Appellants, v. OAK CLIFF VOLUNTEER FIRE PROTECTION DISTRICT; David Rinkenmeyer, John Stelle, David Berlman, and James Perry, individually and as directors and officers of Oak Cliff Volunteer Fire Protection District; Oak Cliff Volunteer Fire Department, Inc., an Oklahoma corporation; Board of Commissioners of Logan County, Oklahoma; Charles Haldik, Vance Kellogg, and Ralph Taylor, individually and as members of the Board of Commissioners of Logan County, Oklahoma; Shirley J. Rothermel, Logan County Treasurer; Logan County Election Board; Dean G. Mackey, Margaret Phillips and Lorray Dison, individually and as members of the Logan County Election Board, Appellees.

Supreme Court of Oklahoma.

Rehearing Denied April 2, 1991.

Attorney(s) appearing for the Case

Allen Mitchell, Sapulpa, for appellants.

Larry Brooks, Asst. Dist. Atty., Jeff L. Hirzel, Guthrie, for appellees.

KAUGER, Justice.

The dispositive questions presented are: 1) whether a special election to establish a fire protection district, held without the notice prescribed by 19 O.S.1981 § 901.3,1 is valid; and 2) if the election is invalid, whether parties contesting an election to form a fire protection district may seek redress either in law or in equity. We find: 1) that an election to create...

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