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116 R.I. 13

D'Amico v. Mullen

Supreme Court of Rhode Island

Decided December 11, 1975

Supreme Court of Rhode Island · decided 1975-12-11

Decided 1975-12-11

¶1ORDER

¶2This is an appeal from a Superior Court judgment refusing to declare invalid a special election held in Barrington on November 6, 1973, in which the construction of a town sewer system was approved. The plaintiffs, residents and taxpayers of the town, base their claim for declaratory and injunctive relief on the alleged failure of the State Board of Elections to supply the number of voting machines required by law. Without deciding whether the requisite number of machines was furnished, we decline to invalidate the election because we think the circumstances of this case make that remedy inappropriate.

¶3The appeal is denied and dismissed, and the judgment appealed from is affirmed. Our opinion will be filed at a later date.

¶4Entered as the order of this court this 11th day of December, 1975.

Mr. Chief Justice Roberts did not participate.

¶5BY ORDER:

¶6ENTER:

¶7Brian B. Burns, Deputy Clerk

Alfred H. Joslin Associate Justice
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