Marre v. Reed

With due respect for the principal opinion, I find myself in dissent. I would reverse the judgment of the trial court because the sole ground for the new election there ordered is voter qualification, a matter not subject to collateral attack in an election contest proceeding under section 115.553.1, RSMo 1986. Whitener v. Turnbeau, 602 S.W.2d 890 (Mo.App.1980); Gasconade R-III School Dist. v. Williams, 641 S.W.2d 444 (Mo.App.1982).

In this opinion, I draw freely from the opinion of the Honorable Kent E. Karohl for the Missouri Court of Appeals, Eastern District.

The trial court found 11 voters…