Thomas v. Penfold

The trial court denied relief to contestant in an election contest, brought under ORS 251.025, in which contestant sought to set aside the September 17, 1974, voter approval of the budget for Lane County School District 4J. The trial court awarded judgment against contestant for $3,150 attorney fees, with $2,000 thereof as a judgment against the sureties on the $2,000 bond required to be furnished by contestant under OES 251.060(1). Contestant appeals, making ten assignments of error.

Contestees moved to dismiss the appeal on the ground of mootness. It is conceded that the moneys approved by…