Town of Plymouth v. Church-Dlugokenski

This is a declaratory judgment action brought by the plaintiff, the town of Plymouth (town), against the defendant, Melanie Church-Dlugokenski, to determine the validity of a referendum held on May 14, 2002. The defendant has filed a counterclaim seeking a declaratory judgment that the referendum be declared null and void. At a hearing held on June 17, 2003, the parties agreed to move jointly for judgment on the sole issue of whether the defendant had timely raised her challenge to the referendum.1

The facts of record, as provided by affidavits and other documentary evidence,2 are as follows.…