ACKERMAN v. BONNEVILLE COUNTY

No. 29021.

92 P.3d 557 (2004)

140 Idaho 307

Ricky Jack ACKERMAN, Plaintiff-Appellant, v. BONNEVILLE COUNTY, The City of Idaho Falls and William P. Hollerich, Defendants-Respondents.

Court of Appeals of Idaho.

June 3, 2004.


Attorney(s) appearing for the Case

Swafford Law Office, Chtd.; Duffin Law Group, Idaho Falls, for appellant. Ronald L. Swafford argued.

Anderson, Nelson, Hall, Smith, Idaho Falls, for respondent, Bonneville County. Scott R. Hall argued.

Holden, Kidwell, Hahn & Crapo, Idaho Falls, for respondent, The City of Idaho Falls. Dale W. Storer argued.

Hon. Lawrence G. Wasden, Attorney General; Roger L. Gabel, Deputy Attorney General, Boise, for respondent, William P. Hollerich. Roger L. Gabel argued.


GUTIERREZ, Judge.

Ricky Jack Ackerman filed a petition for writs of mandate and prohibition, seeking that a resident magistrate from Clark County be prevented from presiding over cases in Bonneville County. The district court granted the respondents' motions for judgment on the pleadings and a motion to dismiss, concluding that Ackerman failed to state a claim upon which relief could be granted. For the reasons set forth below, we affirm.

I.

FACTUAL...

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