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CAPS v. BOARD MEMBERS

No. 20139.

832 P.2d 790 (1992)

113 N.M. 729

In the Matter of Petition for Hearing On Recall of School Board Members. CAPS and Connie Sharp, Petitioners-Appellants, v. BOARD MEMBERS: Ruben B. Alvarado, Jeannette H. Dickerson, Patsy A. Duran and Jose V. Frietze, Respondents-Appellees.

Supreme Court of New Mexico.

May 28, 1992.

Attorney(s) appearing for the Case

Norman E. Todd, Las Cruces, for appellants.

Simons, Cuddy & Friedman, Charlotte H. Hetherington, Santa Fe, for appellee.

OPINION

FRANCHINI, Justice.

This appeal challenges a district court's decision that recall petitions alleging misfeasance in office by four members of a local school board did not state facts sufficient to allow the recall process to continue. On appeal, petitioners argue that: (1) the district court applied the incorrect definition of misfeasance in reaching the determination that the facts alleged in the petitions were insufficient to allow the recall...

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