Bone v. Andrus

SHEPARD, Chief Justice.

Appeal from the action of the trial court dismissing plaintiff’s action for damages resulting from the alleged usurpation of the office of County Commissioner. The district court dismissed the action based upon the doctrine of executive immunity. We affirm.

This action arises out of the same facts involved in the case of Bone v. Duclos, 94 Idaho 589, 494 P.2d 1033. In November, 1970, one Elmer Heitman, an incumbent county commissioner of Nez Perce County was re-elected to a term of office to begin on January 10, 1971. In early December, 1970, Heitman died. On December…