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NEIDY v. CITY OF CHICKASHA

No. 103,690.

188 P.3d 128 (2008)

2008 OK 61

Melissa NEIDY, Freddie Ballard and Joseph D. Wood, Proponents/Appellants v. CITY OF CHICKASHA, Thomas Cook, Steve Laforge, Donna Day, Eleanor Edmondson, Terry Howell, Mickey Garrison and Sandra Johnson, Protestants/Appellees.

Supreme Court of Oklahoma.

June 24, 2008.

Attorney(s) appearing for the Case

Donald P. Ferguson, Ferguson & Heck, Chickasha, OK, for Proponents/Appellants.

Tom Frailey & Deborah A. Sterkel, Frailey, Chafin, Cordell, Perryman, Sterkel & McCalla, LLP, Chickasha, OK, for Appellee City of Chickasha.

Phil W. Gordon, Hays & Gordon, PLLC, Chickasha, OK, for Appellees Cook, LaForge, Edmondson, Howell, Garrison and Johnson.1

OPALA, J.

¶ 1 The issue tendered on certiorari is whether the Court of Civil Appeals (COCA) erred as a matter of law when it affirmed the trial court's decision that Melissa Neidy, Freddie Ballard and Joseph D. Wood (Proponents) did not gather a sufficient number of signatures to support the referendum petition. We hold that the March 2005 election must be used to determine the number of signatures needed for the referendum petition in suit.

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