Citizens Right to Recall v. State Ex Rel. McGrath

¶33 I respectfully dissent from the Court’s opinion, which affirms the District Court’s Memorandum and Order which-itself-is largely devoid of rationale. I would reverse the District Court.

¶34 In an ordinary case, we could-and presumably would, or at least I would-remand to the District Court for entry of a more complete rationale for its dismissal of Appellants’ complaint. The District Court’s order sets forth the Attorney General’s statements and parties’ arguments, quotes from a 1978 case regarding an attorney general’s discretion and recites § 13-27-312(4), MCA. Addressing Appellants’…