State Ex Rel. Palmer v. Hart

Appellants, the Clerk and Recorder and the Elections and Recording Supervisor of Missoula County, appeal from an order of the Missoula County District Court in which they were permanently enjoined from holding an election to recall respondents Palmer and Conrad. We affirm the decision of the District Court.

Respondents Conrad and Palmer are the duly elected and acting County Commissioners of Missoula County. Conrad was sworn into office on November 10, 1980, and Palmer on January 5, 1981. Several hours after Palmer assumed office, he and Conrad met and, intentionally excluding the third…