Committee which sought to hold referendum on annexation ordinance filed complaint for writ of mandamus ordering county board of elections to place referendum on general-election ballot. Committee also sought award of attorney’s fees.
The Supreme Court held that:
- Committee lacked adequate remedy in the ordinary course of law, as required for writ of mandamus;
- Laches did not bar committee’s action for writ of mandamus;
- Secretary of State was not necessary and indispensable party to action for writ of mandamus;
- Removal of referendum from general-election ballot was not appropriate, based on alleged misrepresentations about contents of referendum by committee;
- Removal of referendum from general-election ballot was not appropriate, based on alleged misrepresentations regarding aerial-photo map of area subject to referendum by committee; and
- Committee was not entitled to attorney’s fees.