Fouts v. Bolay

Barry Fouts, the candidate who received the most votes- in the 1999 election for Pomona Park town council seat five, appeals the final order entered by the trial court granting appellee Lena Bolay’s petition for quo warranto relief and ordering Fouts’ ouster from office. Bolay was the candidate who lost the election for seat five. Concluding that the evidence presented at trial did not prove that Fouts failed to comply with any applicable provisions of the town charter or election law, we reverse.

Quo warranto is a writ of inquiry through which a court determines the validity of a party’s…