Libby City Council ordered to Show Cause
by KLCB Libby News Radio
September 11, 2006
District Judge Micheal Prezeau has issued an Alternative Writ of Prohibition and an Order to Show Cause to the City of Libby in the Stu Crismore case.
The City Council removed Crismore from his elected office for failure to attend regular and budget meetings. Crismore contends the Council removed Crismore on a simple majority rather than the required two-third votes mandated by the Montana Code.
The Court said based on the pleadings filed and the Court's preliminary reading of the law, Crismore is entitled to a Writ of Prohibition restoring the status quo.in other words returning him to his council seat pending further order from the Court. The City is preliminarily enjoined and prohibited from removing Crismore from his elected office as a councilperson.
The Court has ordered the City Council, the City of Libby, and City Attorney Charles Evans to show cause by September 20th why Crismore is not entitled to a Permanent Writ of Prohibition.
In the meantime, the City Council will meet tonight (Monday, September 11) to re-vote on Crismore's removal from the council. The question now becomes, can the City Council, in the face of the Court Order, reinstate Crismore, and immediately motion to remove him again, this time with the required two-thirds vote as required by law? And would such an action fly in the face of the Court's Alternative Writ of Prohibition?
That may well be what will be seen at tonight's City Council meeting.
Story by KLCB Libby News Radio, www.bestcountryaround.com
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