Gunderson v. Board of County Commissioners

Plaintiff Jack Gunderson appeals from an order dismissing his amended complaint for failure to state a claim upon which relief could be granted. Rule 12(b)(6), Mont.R.Civ.P. The order was entered by the District Court, Eighth Judicial District, Cascade County, in favor of the Board of County Commissioners of Cascade County, defendants.

Gunderson’s account of the facts is accurate and is substantially as follows.

Gunderson is a taxpayer and a resident of School District 74 in Cascade County. He and a majority of the residents of his territory petitioned to become a part of School District 30 in…