Chouteau County v. Grossman

The Board of Commissioners of Chouteau County (Board) brought this action pursuant to section 37-301(2), R.C.M.1947, to determine whether a resolution proposed for voter referendum is valid and constitutional. The referendum proposes that no funds of any nature be used for paving 3'á miles of county road for which the county had called for bids, and that no bids be accepted. The district court, Hon. Truman Bradford, district judge presiding, ruled the proposed resolution invalid. Defendant petitioners appeal.

The issue is whether a decision of the Board of County Commissioners to call for bids…