Watts v. Fugate

BALMORE, Judge.

The appellant, Isaac Watts, brought this action against the appellee, George Fugate, under KRS 122.070 to invalidate Fugate’s election to the Breathitt County Board of Education and have himself declared the winner. The trial court sustained a motion to strike certain portions of the complaint, held that Watts could not amend the complaint, and sustained Fugate’s motion to dismiss.

Watts and Fugate were the only candidates for election to the school board for Division 5 of the county at the regular election held on November 5, 1968. According to the contested tabulation a total…