Motion to appeal filed in recall case

Whitehall Mayor Dale Davis and Council members Vincent Keogh, Gary Housman, Tom Jenkin, and Joe Adams have filed a notice of appeal to the Montana Supreme Court.

The notice of appeal comes after a May ruling in Boulder by Seventh Judicial District Court Judge Katherine M. Bidegaray in regards to costs related to a failed 2016 recall petition for five elected officials in the Town of Whitehall.

In her May decision, Bidegaray ruled in favor in favor of respondents, Jefferson County Election Administrator Bonnie Ramey, Montana Secretary of State Linda McCullough, and Whitehall resident Lynn Nemeth.

In December of 2016, Whitehall Mayor Dale Davis, and Alderman Vincent Keogh, Gary Housman, Tom Jenkin and Joe Adams had petitioned the court to file a Petitioners’ Memorandum of Costs and Necessary Disbursements, and a Petitioners Brief in Support of Attorney Fees, related to costs from a 2016 recall petition.

Bidegaray had ruled in early December of 2016 in favor of an order granting second amended application for injunctive relief filed by Mayor Dale Davis, and Council Members Vincent Keogh, Gary Housman, Tom Jenkin and Joe Adams. In her decision handed down May 4 in the Fifth Judicial District Court in Boulder, Bidegaray stated for the reason argued by Nemeth there is no legal basis for taxing costs against her, the petition for costs and disbursements is denied.