Spencer v. Smyrna Board of Education

OPINION

RIDGELY, Judge.

In this proceeding, plaintiffs request this Court to declare void a special election conducted by the Smyrna Board of Education (“Smyrna Board”) on April 12, 1988. In that election, voters were given the opportunity to vote on two issues: (1) for or against the transfer of funds from a capital-improvement account to a current-operating-expenses account; and (2) for or against the levy and collection of additional school taxes. Plaintiffs’ amended complaint attacks the validity of the referendum only on the second issue. This amended complaint was filed after the Court…