LYTHGOE v. SUMMERS

No. 82A05-9308-CV-276.

626 N.E.2d 564 (1993)

Richard LYTHGOE, Appellant-Petitioner, v. Gerald E. SUMMERS, John L. Deem, and Gary A. Smith, Appellee-Respondents.

Court of Appeals of Indiana, First District.

December 29, 1993.


Attorney(s) appearing for the Case

W. Russell Sipes, Indianapolis, for appellant-petitioner.

Patrick A. Shoulders, Ziemer, Stayman, Weitzel & Shoulders, Evansville, for appellees-respondents.


BAKER, Judge.

Today we decide under what circumstances the election contest statute, IND. CODE 3-12-8-2 (Supp. 1993), provides a cause of action for a voter's challenge of the eligibility of elected school board trustees. Appellant-petitioner Richard Lythgoe appeals summary judgment dismissing his claims in favor of appellee-respondents Gerald E. Summers, John L. Deem, and Gary A. Smith.

ISSUES

1. Does Lythgoe's petition state a valid cause...

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