Monaco v. Lake County

¶ 1 Respondents appeal from the Twentieth Judicial District Court’s entry of a Writ of Mandamus.

¶2 We reverse.

¶3 In determining whether the District Court erred, we restate the issue:

¶4 Whether the District Court erred in holding that Judge C. B. McNeil had inherent power to override the statutory ceiling on salaries and set a higher salary for Barbara Monaco, the Chief Probation Officer of the Twentieth Judicial District.

Standard of Review

¶5 The standard of review for a district court’s findings of fact is whether they are clearly erroneous. Trad Industries, Ltd. v. Brogan (1991), 246 Mont.…