State Ex Rel. Perry v. Raacke

This was an action of quo warranto, to be decided upon an agreed statement of facts. The basic claim of the plaintiff is that No. 195 of the Special Acts of 1935 (22 Spec. Laws 114), entitled “An Act Providing for Biennial Elections in the Town of New Fairfield, never became actually operative because of a failure properly to carry out the so-called referendum provisions of § 7 of that act.

As indicated by its title, the act purported to establish biennial elections in New Fairfield. But by its terms it did not become operative to regulate terms of office and elections until the town election…