Reep v. Board of County Commissioners

LEONARD H. LANGE, District Judge,

sitting in place of MR. JUSTICE SHEEHY, delivered the opinion of the Court.

Petitioner, the Missoula County auditor, brought this action seeking a writ of mandate compelling respondent, county commissioners, to include in the final county budget funding for a larger staff for the auditor’s office than was proposed in the preliminary county budget. Following the quashing of petitioner’s original writ, and amended writ was filed and the cause heard by the court sitting without a jury in a trial which lasted five days. The District Court heard testimony from 13…