Cotton v. City of Elma

— In this quo warranto action, Jean A. Cotton, a former municipal court judge, claims that the City of Elma illegally appointed a replacement judge to her position. We hold that Cotton, by failing to object to the process that led to her replacement, has abandoned her claim to the office and, thus, is estopped from reclaiming the position through quo warranto.

Facts

On January 20, 1995, City of Elma Mayor William J. Bilsland appointed Cotton as municipal court judge pro tern to serve until the expiration of his term. The mayoral term expired December 31, 1995, but Bilsland resigned early,…