Coyne v. State Ex Rel. Thomas

ROONEY, Justice.

This is an appeal from a summary judgment rendered against appellants-defendants in a quo warranto action brought on relation of ten patrons of Park County School District No. 16. We will reverse.

Defendants were duly elected and acting members of the five-man board of trustees of the district. There is no disagreement as to the material facts of the case. 1 Two of the defendants were spouses of teachers employed by the district. The other defendant was the spouse of a cook employed by the district. The trial court ordered the defendants “ousted from the office of Trustee”…