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ANDERSON v. IVY

No. 18A04-1107-MI-357.

955 N.E.2d 795 (2011)

Julius J. ANDERSON, Appellant-Respondent, v. Richard M. IVY, Appellee-Petitioner.

Court of Appeals of Indiana.

October 11, 2011.

Attorney(s) appearing for the Case

William R. Groth , Fillenwarth Dennerline Groth & Towe, LLP, Indianapolis, IN, Attorney for Appellant.

John H. Brooke , Ralph E. Dowling , Muncie, IN, Attorneys for Appellee.

OPINION

MATHIAS, Judge.

Richard Ivy ("Ivy"), an unsuccessful candidate for the Democratic Party nomination for Muncie City Council, filed in Delaware Circuit Court a petition to contest the primary election in which Julius Anderson ("Anderson") was declared the winner. The trial court granted Ivy's petition after concluding that Ivy met his burden of proving that he was entitled to a special election. Anderson appeals and argues that the trial court's decision...

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