Ravalli County v. Erickson

¶1 Ravalli County appeals the District Court’s refusal to review the constitutional validity of two proposed county ordinances prior to the initiatives being placed on the election ballot. We reverse and remand. ¶2 The sole issue on appeal is whether § 7-5-135(1), MCA, allows for substantive judicial review of ordinances proposed by an initiative petition.

Factual and Procedural Background

¶3 In April of 2002, Dallas Erickson (Erickson) filed with the Ravalli County Clerk and Recorder two proposed petitions to place ordinances on the election ballot. One petition was entitled “Obscenity” and…