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EVELEIGH v. CONNESS

No. 77,177.

261 Kan. 970 (1997)

933 P.2d 675

ARLENE EVELEIGH, County Commissioner of Trego County, Appellant, v. KATHLEEN CONNESS, Trego County Clerk, Trego County, Kansas, Appellee.

Supreme Court of Kansas.

Opinion filed March 7, 1997.

Attorney(s) appearing for the Case

Allen Shelton, of Shelton Law Firm, P.A., of Oberlin, argued the cause, and Tony A. Potter, of Hill City, was with him on the brief for appellant.

Allen G. Glendenning, of Watkins, Calcara, Rondeau, Friedeman, Bleeker, Glendenning & McVay, Chtd., of Great Bend, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

A recall petition was filed against Arlene Eveleigh, First District County Commissioner of Trego County. K.S.A. 25-4325 requires that "each petition [before being filed] shall be certified by an affidavit by the sponsor who personally circulated the petition." Eveleigh sought to enjoin recall based upon her claim that the petition was not certified by affidavit. She appeals the district court's determination...

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