Legal Opinion

Elliot v. Drayton Public School District No. 19

North Dakota Supreme Court

Decided May 28, 1987No. Civ. 870090PublishedCited by 8 opinions

1Opinion of the Court

MESCHKE, Justice.

Election contestants appeal a judgment dismissing their action on the ground that it was not commenced within 14 days after the final canvassing of the election as re quired by § 16.1-16-04, N.D.C.C. The contestants also appeal an order denying their motion for relief from the judgment. We hold that there was a sufficient attempt to commence the action within 14 days to apply the continuation provisions of § 28-01-38, N.D.C.C. We reverse and remand for further proceedings.

A special mill levy election was held in Drayton Public School District No. 19 on January 27, 1987. Final…

2Cases cited15 opinions

  1. Reynolds v. SimsSupreme Court of the United States · 1964
  2. United Development Corp. v. State Highway DepartmentNorth Dakota Supreme Court · 1965
  3. State Ex Rel. Olson v. BakkenNorth Dakota Supreme Court · 1983
  4. Kee v. RedlinNorth Dakota Supreme Court · 1972
  5. Farrington v. SwensonNorth Dakota Supreme Court · 1973

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3Cited by8 opinions

  1. Amerada Hess Corp. v. ConradNorth Dakota Supreme Court · 1987
  2. Long v. JaszczakNorth Dakota Supreme Court · 2004
  3. Smith v. City of Grand ForksNorth Dakota Supreme Court · 1991
  4. Thompson v. ThompsonNorth Dakota Supreme Court · 2012
  5. Interest of T.H.North Dakota Supreme Court · 2012

3 more not listed; retrieve them via the Exa API.

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