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IN RE ELECTION CONTEST AS TO WATERTOWN

No. 21595.

628 N.W.2d 336 (2001)

2001 SD 62

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 May 23, 2001.

Attorney(s) appearing for the Case

Robert L. Spears, Watertown, SD, Attorney for appellants Porisch, Andrea, and Fischer.

Thomas J. Linngren of Green, Schulz, Roby, Oviatt, Cummings & Linngren, Watertown, SD, Attorneys for appellee Prairie Lakes Hospital, Sioux Valley Health Care and Bartron Clinic.

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

AMUNDSON, Justice.

[¶ 1.] Local residents of Watertown filed an election contest based on allegations of perceived voting irregularities. The trial court held the election valid and declined to order a new election. We affirm.

FACTS

[¶ 2.] On August 2, 1999, the Watertown City Council approved an ordinance, which would rezone a portion of the city from residential to commercial. The City Council also passed a resolution, which would vacate...

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