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STATE EX REL. DEPT. OF HEALTH v. LINCOLN CTY.

No. 13964.

584 P.2d 1293 (1978)

STATE ex rel. DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES, Plaintiff and Respondent, v. LINCOLN COUNTY et al., Defendants and Appellants.

Supreme Court of Montana.

Decided September 28, 1978.

Attorney(s) appearing for the Case

William A. Douglas, Libby, Ian Christopherson (argued), Libby, for defendants and appellants.

Stan Bradshaw (argued), Helena, for plaintiff and respondent.

HASWELL, Chief Justice.

The Lincoln County commissioners appeal from a judgment of the District Court prohibiting and permanently enjoining them from taking any action violating the open burning permit requirements of the State Department of Health and Environmental Sciences (DHES) and awarding DHES attorney fees and costs.

In 1967 the Montana legislature enacted the Clean Air Act of Montana, Title 69, Ch. 39, R.C.M. 1947. The State Board of Health was granted...

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