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IN RE PETITION FOR WRIT OF CERTIORARI

No. 22178.

649 N.W.2d 581 (2002)

2002 SD 85

In the Matter of the PETITION FOR WRIT OF CERTIORARI AS TO THE DETERMINATION OF ELECTION ON THE BROOKINGS SCHOOL DISTRICT'S DECISION TO RAISE ADDITIONAL GENERAL FUND Property Tax Revenues in the Amount of $750,000.00, and In the Matter of the Election Contest as to the Issue of the Brookings School District's Decision to Raise Additional General Fund Property Tax Revenues in the Amount of $750,000.00, Aelred J. Kurtenbach and Craig Johnson, Petitioners and Appellees, Edwin J. Luetzow, Respondent and Appellant.

Supreme Court of South Dakota.

Decided July 17, 2002.

Attorney(s) appearing for the Case

Richard J. Helsper of Glover, Helsper & Rasmussen, Brookings, South Dakota, Attorneys for petitioners and appellees Kurtenbach and Johnson.

Ellie M. Vandenberg, Volga, South Dakota Attorney for respondent and appellant.

KONENKAMP, Justice.

[¶ 1.] This case presents the question whether a petition for recount in a school district election is sufficient, when it is not verified as required by statute. After a school district referendum election approving a tax increase, a recount board was convened on a petition that was not verified. The recount board overturned the election. We conclude that absent verification, the recount petition was invalid, and because the recount board...

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