Lavergne v. Boysen

Plaintiffs challenge the validity of a special levy election held in Kamilche Valley School District No. 401. They allege that at least two persons voted in that election who were not residents within the school district. In the election 99 votes were cast, 60 of them in favor of the levy. Plaintiffs urge that the two contested votes could be critical for if there were only 58 affirmative votes, the levy would fail for not meeting the required 60 percent majority. Const, art. 7, § 2 (a).

While the levy election was held on November 2, 1971, this action was not commenced until January 20, 1972.…