Lythgoe v. Summers

BAKER, Judge.

■ Today we decide under what circumstances the election contest statute, IND. CODE 3-12-8-2 (Supp.1993), provides a cause of action for a voter’s challenge of the eligibility of elected school board trustees. Appellant-petitioner Richard Lythgoe appeals summary judgment dismissing his claims in favor of appellee-respondents Gerald E. Summers, John L. Deem, and Gary A. Smith.

ISSUES

1. Does Lythgoe’s petition state a valid cause of action?

2. Did the trial court erroneously assess costs against Lythgoe?

FACTS

The facts are undisputed. In 1992, Gerald E. Summers, John L. Deem, and Gary…