McAllister v. Independent School District No. 306

This is an appeal from a judgment dismissing plaintiffs’ cause of action 1 entered pursuant to an order granting defendants’ motion for summary judg ment. The motion was made under Rule 56, Rules of Civil Procedure. However, the notice of motion was admittedly not served upon plaintiffs the full 10 days prior to the return date and hearing thereon. 2 Because we hold that the stated time for notice is mandatory, absent a clear waiver by the adversary, the judgment must be reversed.

Defendants are a school district and members of its board of education, and plaintiffs are dissident voters and…