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Defective Suit to Stop an Annexation Election

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
October 6, 2023

Kleisner v. City of White Sulphur Springs (David A. Faber, S.D. W. Va. 5:03-cv-101)
A motion for a temporary restraining order against a municipal annexation election omitted an affidavit of immediate injury, verification of the complaint, and reference to defendant notice, so the district judge denied the motion. In addition, a state court had already stayed the election.
Subject: Ballot measures. Topics: Enjoining elections; absentee ballots; ballot measure; matters for state courts; class action.

One of many Case Studies in Emergency Election Litigation.