Town of Whitehall v. Preece

¶1 The Fifth Judicial District Court, Jefferson County, declared invalid a petition for referendum to repeal a city ordinance requiring metering of water in the Town of Whitehall’s water system. We affirm.

¶2 We address the following issues raised on appeal:

¶3 1. Is this action barred under the applicable statute of limitation?

¶4 2. Did the District Court err when it determined that Town of Whitehall Ordinance Chapter 4.00 was administrative rather than legislative and was therefore exempt from the referendum proceedings allowed under the Montana Constitution and § 7-5-131(1), MCA?

¶5 The Town…