JACKSON CTY. BD. OF ELEC. COMM'R EX REL. BROWN v. CITY OF LEE'S SUMMIT

No. WD 69074.

277 S.W.3d 740 (2008)

JACKSON COUNTY BOARD OF ELECTION COMMISSIONERS, by and through its Members Tammy L. BROWN, William J. BAKER, Charles E. DUMSKY, and Michael D. WHITEHEAD, Appellant, v. CITY OF LEE'S SUMMIT, Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 27, 2009.

Application for Transfer Denied March 31, 2009.


Attorney(s) appearing for the Case

Bradley Alan Constance, Independence, MO, for appellant.

Paul Anthony Campo, Lee's Summit, MO, for respondent.

Before THOMAS NEWTON, C.J., and RONALD HOLLIGER and ALOK AHUJA, JJ.


ALOK AHUJA, Judge.

The Jackson County Board of Election Commissioners (the "Board" or "Election Board") appeals the circuit court's judgment which concluded that the City of Lee's Summit, Missouri, had the authority to request that an ordinance be placed on the ballot for voter approval at the November 7, 2006 election. Because we conclude that the issue presented on appeal is moot, and was moot at the time the circuit court issued its declaratory judgment, we remand...

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