HUTTINGA v. PRINGLE

No. 82-299.

668 P.2d 1068 (1983)

Richard R. HUTTINGA, et al., Plaintiffs and Respondents, v. Gary W. PRINGLE, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided September 8, 1983.


Attorney(s) appearing for the Case

Robert R. Throssell, Deputy County Atty., argued, Bozeman, Eleanor A. Parker, Dept. of Health, argued, Helena, for defendants and appellants.

Page Wellcome, argued, Bozeman, for plaintiffs and respondents.


WEBER, Justice.

Defendants appeal from a judgment of the Eighteenth Judicial District Court, Gallatin County, granting a writ of mandamus to the plaintiffs directing Montana Department of Health and Environmental Sciences (DHES) to certify property described in a deed as not subject to sanitary restrictions, and directing the Clerk and Recorder of Gallatin County to record the deed. We reverse the judgment.

Following are the dispositive issues:

1....

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