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DAVID P. BAUER v. GEORGE SOUTO ET AL.* (SC 17583)
Sullivan, C. J., and Borden, Norcott, Katz, Palmer, Vertefeuille and Zarella, Js. Argued December 21, 2005--officially released April 25, 2006

Trina A. Solecki, city attorney, with whom was Adrienne DeLucca, deputy city attorney, for the appellants (defendants). Michael F. Romano, for the appellee (plaintiff).

Opinion

BORDEN, J. This appeal concerns a contested municipal election for the common council of the city of Middletown (council) that was held on November 8, 2005. The council consists of the twelve candidates who are elected at large and receive the twelve highest number of votes. The plaintiff, David P. Bauer, received the thirteenth highest number of recorded votes. The trial court rendered a judgment ordering a new election in only one of the fourteen voting districts in city of Middletown (city), to be held on January 24, 2006. Subsequently, we expedited the appeal of the defendants.1 Following the filing of simultaneous briefs and oral argument before this court, we announced the decision of this court from the bench on December 21, 2005, affirming the trial court's judgment ordering a new election to be held on January 24, 2006,2 but reversing the judgment as to the scope of that election. Specifically, we ordered the new election to be citywide, and not limited to district eleven, the district in which the contest arose, as ordered by the trial court.3 We also noted that a full written opinion would follow in due course. Hence, we now issue this full opinion. The plaintiff brought this action pursuant to General Statutes

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Connecticut Law