Kelley v. Mayor and Council of City of Dover

DUFFY, Chancellor:

Plaintiffs, land owners within an area sought to be annexed by the City of Dover, seek an injunction and an order voiding the special election for annexation held by the City on September 28, 1972. A preliminary injunction was issued on October 9, 1972 and thereafter the parties stipulated to the questions to be decided. This is the decision on plaintiffs’ motion for summary judgment.

Plaintiffs attack the election on three grounds: (a) procedural irregularities sufficiently serious to require invalidation; (b) the votes cast by Frank A. Robino, Jr. (enough to control outcome…