Nelson v. Big Lost River Irrigation District

Chief Justice TROUT,

specially concurring.

The Appellants complain that the trial court erred by failing to issue a writ of mandate ordering the BLRID to comply with election laws. The Court holds that because the trial court properly ordered a new election, the issue of whether the writ should have issued becomes moot. I disagree. Whether the trial court should have issued a writ of mandate requiring compliance with election laws does not become moot simply because a new election is ordered. The BLRID has a continuing obligation to comply with duties required by statute. Instead, a case…