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RICHARDS v. BOARD OF COUNTY COM'RS

No. 99-253.

6 P.3d 1251 (2000)

Island RICHARDS; The Sweetwater County Central Committee of the Republican Party of Sweetwater County, Wyoming; Kevin Ringdahl; Don Hartley; and Wally Johnson, Appellants (Petitioners), v. The BOARD OF COUNTY COMMISSIONERS OF SWEETWATER COUNTY, Wyoming; Claude ("Marty") Martin; Carl Maldonado; John Pallesen; and The Central Committee of the Democratic Party of Sweetwater County, Wyoming, Appellees (Respondents).

Supreme Court of Wyoming.

May 25, 2000.

Attorney(s) appearing for the Case

Representing Appellants: Clark D. Stith, George Lemich, and Stan Decker Cannon of Greenhalgh, Beckwith, Lemich & Stith, Rock Springs, Wyoming. Argument by Messrs. Stith and Cannon.

Representing Appellees: Harold V. Moneyhun, Sweetwater County and Prosecuting Attorney; Jason Petri, Deputy Sweetwater County and Prosecuting Attorney; Ford T. Bussart and Marvin L. Tyler of Bussart, West, Rossetti, Piaia & Tyler, P.C., Rock Springs, Wyoming. Argument by Messrs. Moneyhun and Tyler.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and HILL, JJ.

GOLDEN, Justice.

This case presents an issue of first impression. In response to a complaint seeking a declaration of rights, the district court certified a question of law concerning the selection of a replacement for a county commissioner who, after being elected, changed his political affiliation and subsequently resigned. The statute at issue is Wyo. Stat. Ann. § 18-3-524 (LEXIS 1999), which provides the procedure for filling a vacancy in the office of county...

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