by Evelyn Pyburn
Both defendants of the suit filed by the County Water District of Billings Heights — the County Commissioners and Pam Ellis — have responded to the complaint and both essentially deny the basic charges made and continue their contention that Pam Ellis remains a member of the board.
Filed on behalf of the board by Bozeman attorneys Susan B. Swimley and Alison Garab, the suit asks for a declaratory judgement from the court that the board of the Heights County Water District has the authority to remove Ellis from the board, who was appointed by the County as its representative on the board. They also ask for a restraining order to prohibit Ellis from participating as a director.
Ellis and the County have refused to accept the board’s vote to remove Ellis, citing Montana law that says a board member may only be removed by a recall election of the water district members.
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