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STATE EX REL. SWART v. CASNE

No. 13561.

564 P.2d 983 (1977)

The STATE of Montana ex rel. Charles R. SWART, Petitioner and Respondent, v. Edward W. CASNE, Chief, Subdivision Bureau, Environmental Sciences Division, Montana Department of Health and Environmental Sciences, Carl Stucky, Clerk and Recorder for the County of Gallatin, State of Montana, and the Montana Department of Community Affairs, Respondents and Appellants.

Supreme Court of Montana.

Decided May 19, 1977.

As Modified on Denial of Rehearing June 9, 1977.

Rehearing Denied June 9, 1977.

Attorney(s) appearing for the Case

James Goets, argued, Bozeman, for respondents and appellants.

Richard M. Weddle, argued, Helena, Stan Bradshaw, argued, Helena, John P. Scully, argued, Deputy County Atty., and Thomas Budewitz, argued, Deputy County Atty., Bozeman, for petitioner and respondent.

HASWELL, Justice.

Defendants appeal from a writ of mandate issued by the district court, Gallatin County, Hon. W.W. Lessley, district judge, ordering them (1) to lift sanitary restrictions and record a certificate of survey on certain property within the City of Bozeman, and (2) assessing $750 attorney fees plus costs against the State Department of Community Affairs.

Relator is Charles R. Swart, a licensed and registered land surveyor. The three defendants...

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