STATE EX REL. SWART v. MOLITOR

No. 80-200.

621 P.2d 1100 (1981)

The STATE of Montana ex rel. Charles R. SWART, Petitioner and Appellant, v. Lorraine P. MOLITOR, Clerk and Recorder, Madison County, David Bowman, Examining Land Surveyor, Madison County, Respondents.

Supreme Court of Montana.

Decided January 14, 1981.


Attorney(s) appearing for the Case

Goetz & Madden, Bozeman, James H. Goetz, argued, Bozeman, for petitioner and appellant.

Chester Lloyd Jones, argued, County Atty., Virginia City, for respondents.


SHEEHY, Justice.

Charles R. Swart, a registered land surveyor, appeals from a ruling by the District Court, Fifth Judicial District, Madison County, refusing mandamus against Lorraine P. Molitor, county clerk and recorder, and David Bowman, county examining land surveyor, and requiring them to approve and record a certificate of survey prepared by Swart. We affirm the District Court.

Swart had prepared a certificate of survey of a parcel of land containing...

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