Board of County Commissioners v. District Court

This is an original proceeding for a writ of prohibition brought by the Board of County Commissioners, hereinafter referred to as the board. Ordahl, Kenney and Wondergem filed a complaint in the district court of Teller County naming the board as defendant and seeking an order compelling the board to redistrict the commissioner districts. The board appeared specially and filed a motion under C.R.C.P. 12 (b) to dismiss the action for lack of jurisdiction over the subject matter. This motion was denied. An amended complaint was served on the board, and they filed another motion to dismiss based…