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DRUMMOND v. TOWN OF VIRGINIA CITY

No. 91-296.

833 P.2d 1067 (1992)

Donald E. DRUMMOND, Elizabeth J. Drummond, J. Gilbert Evans, Dennis L. LaFever, Jacqueline R. LaFever, Phillip E. Mason, Carolyn J. Tichenor, Daryl L. Tichenor, Marcella J. Campbell, Kenneth K. Campbell, Nels P. Salmonsen, and Ruth M. Salmonsen, Plaintiffs and Appellants, v. TOWN OF VIRGINIA CITY, Madison County, MontanA, a body politic and corporate, Michael J. Majerus, its Mayor, Melinda J. Tichenor, Gerald F. Fox, Kathleen D. Kinney, and Donald D. Williams, members of the Town Council, Patricia Pedula, Town Clerk-Treasurer, Loren Tucker, Town Attorney and Dorothy C. Brown, Election Administrator, Town of Virginia City, and all duly qualified electors of the Town of Virginia City, Madison County, Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided June 11, 1992.

Attorney(s) appearing for the Case

Samuel M. Warren, Worden, Thane & Haines, Missoula, for plaintiffs and appellants.

Loren Tucker, City Atty., Virginia City, for defendants and respondents.

TRIEWEILER, Justice.

This is an appeal from an order of the District Court of the Fifth Judicial District, Madison County, dismissing plaintiffs' petition to invalidate a municipal mail ballot election.

The issue on appeal is whether the District Court erred in its determination that Virginia City complied with all statutory election procedures. We affirm the District Court.

Prior to December 4, 1990, the Town of Virginia City decided, through its...

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