DE KONING v. MELLEMA

No. 94-412.

534 N.W.2d 391 (1995)

Robert de KONING, As Designated Member of the Contest Court, Appellant, v. Ken MELLEMA, Lyon County Auditor and Commissioner of Elections, Appellee.

Supreme Court of Iowa.

July 19, 1995.


Attorney(s) appearing for the Case

Maurice B. Nieland and Jeffrey D. Garreans of Rawlings, Nieland, Probasco, Killinger, Ellwanger, Jacobs & Mohrhauser, Sioux City, for appellant.

Daniel E. DeKoter and Dale S. Honken of Zito, Dekoter, Thole, Dawson & Honken, P.L.C., Sibley, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, NEUMAN, and TERNUS, JJ.


McGIVERIN, Chief Justice.

On behalf of some eligible electors and as part of their effort to contest a successful school bond election, plaintiff Robert de Koning brought this mandamus action in equity asking the district court to order defendant Ken Mellema, Lyon county auditor and commissioner of elections, to designate a member to a contest court pursuant to Iowa Code section 57.7 (1993).

Defendant filed a motion...

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