Appeals Court: CINDY KING vs JOSEPH Z. SHANK, et al.

KeywordsMunicipal Corporations, Removal of public officer, Selectmen. Elections, Recall. Practice, Civil, Preliminary injunction. Appeals Court, Appeal from order of single justice. Injunction.

The Appeals Court issued today its decision in King v Shank, and a companion case, which reviewed injunctions issued against the Town of Townsend restraining it from  holding a recall election against two selectmen.  The Appeals Court provided instructive guidance in interpreting recall laws and found that grounds did not exist to enjoin the recall.  Following preliminary injunctions enjoining a recall election in these two consolidated cases, the Appeals Court today reversed, dissolving the injunction orders of a single justice in one case and the Superior Court judge in the other case.  The complaints sought declaratory judgments that the recall petition was invalid.  The defendants, ten residents of the town of Townsend, had petitioned to remove Cindy King and Gordon Clark from their positions as members of the town board of selectmen by way of recall petitions.  The town board of registrars found the petitions to be in order, and the board scheduled a recall election. Click here for the full text of the Court’s decision.  Congrats to  MMLA member Ira Zaleznik who represented the Town in the case.

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