Burns v. Kurtenbach

WOLLMAN, Justice.

This is an original action in the nature of a quo warranto proceeding. We conclude that a judgment should be entered removing the defendants from their positions as school board members of the Brookings School District 5-1 and declaring that the plaintiff is entitled to be seated as school board member of that district.

Prior to the May 14,1982, deadline, plaintiff, Burns, and defendants, Kurtenbach and Scholten, as well as another individual, filed their nominating petitions for school board member with the business manager of Brookings School District 5-1. The school board…