Foster v. Kovich

673 P.2d 1239, 207 Mont. 139 (1983)

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Foster v. Kovich

Montana Supreme Court
673 P.2d 1239, 207 Mont. 139 (1983)

JC

Facts

David Foster (plaintiff), the mayor of East Helena, Montana, had filed a suit seeking a temporary injunction prohibiting a recall election. Foster’s basis for seeking relief was that the recall petition did not establish legally sufficient grounds for his recall under Montana state law. The Montana law allowed for recall based on a lack of fitness, incompetence, official misconduct, violating the oath of office, or felony conviction. The petition alleged three grounds for Foster’s recall—that Foster demoted a police chief without cause and in violation of city ordinance, failed to follow the order of business for four city council meetings, and failed to conduct an orderly meeting of the city council on February 4, 1982, using vulgar language. That established, all of these allegations were couched only in very vague terms and failed to specify exactly how Foster had conducted himself in such a way as to allow recall. At the trial court level, the court granted a summary judgment against Foster, dissolving a temporary injunction to prohibit the election and ordering the election to occur. Foster then appealed, which temporarily suspended the trial court’s order.

Rule of Law

Issue

Holding and Reasoning (Shea, J.)

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