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IN RE ELECTION CONTEST

No. 21326.

607 N.W.2d 920 (2000)

2000 SD 43

In the Matter of the ELECTION CONTEST AS TO WATERTOWN SPECIAL REFERENDUM ELECTION OF OCTOBER 26, 1999, PERTAINING TO REFERRED BALLOT ISSUES NO. 1 AND 2.

Supreme Court of South Dakota.

Decided March 29, 2000.

Attorney(s) appearing for the Case

Robert L. Spears of Spears Law Office, Watertown, for appellants Gretchen Porisch, Maxine Andree and Donald Fischer.

Thomas J. Linngren of Green, Schulz, Roby, Oviatt Cummings & Linngren, Watertown, for appellees Prairie Lakes Health Care System, Inc. and Sioux Valley Physician Partners, d/b/a Bartron Clinic.

Roy A. Wise of Richardson, Groseclose, Wyly, Wise & Sauck, Aberdeen, for appellees Watertown City Council, Watertown Mayor and Watertown City Finance Officer.

KONENKAMP, Justice.

[¶ 1.] Complainants appeal the dismissal of an election contest proceeding. We reverse and remand.

FACTS

[¶ 2.] In the latter part of 1999, the Watertown City Council approved the rezoning of certain property and the vacation of a public right-of-way to permit the expansion of certain health care facilities in the community. In response, a citizens group collected sufficient signatures to refer the matter to a public...

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