Pike v. Rice

Darrell Hickman, Justice.

The appellants are the cities of Branch and Charleston and residents of the Charleston District of Franklin County. They filed suit in the Charleston District Chancery Court challenging an election held March 8, 1988, which approved a one cent county-wide sales tax.

The appellees moved to dismiss for lack of jurisdiction. The trial judge said the action should have been filed in the Ozark District and dismissed the case. We find the action is an election contest and, therefore, the chancery court is without jurisdiction.

We have settled the question of which court,…