John Anderson, Plaintiff-Appellant, v. Vicki Lynn Auping, Defendant-Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: John Anderson, Plaintiff-Appellant, v. Vicki Lynn Auping, Defendant-Respondent. Case Number: 73281 Handdown Date: 05/12/1998 Appeal From: Circuit Court of St. Charles County, Hon. William T. Lohmar Counsel for Appellant: Donald E. Becherer Counsel for Respondent: Harold A. Ellis and John Miller Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Crahan, C.J., Teitelman and Crist, Sr. J.J. concur. Opinion: ORDER John Anderson (Plaintiff) appeals from the judgment sustaining the motion to dismiss his election contest petition against Vicki Lynn Auping (Defendant). Plaintiff was the loser in a three-way election contest for two vacant seats on the Board of Trustees of the Village of New Melle; Defendant was one of the two successful candidates in that race. The sole question presented here is whether a trial court has jurisdiction to proceed in an election contest action where there was more than one successful candidate and the petitioner has failed to name as parties all successful candidates. As the court below correctly concluded, the answer to that question is "no". Arnold v. Hoester, 682 S.W. 2d 90 (Mo. App. E.D. 1984). Any further discussion would have no precedential value. We affirm the judgment pursuant to Rule 84.16 (b). Separate Opinion: None

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.