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BAILEY v. MONT. DEPT. OF HEALTH AND ENVIRON.

No. 82-172.

664 P.2d 325 (1983)

Albert C. BAILEY, Plaintiff and Appellant, v. MONTANA DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided June 2, 1983.

Attorney(s) appearing for the Case

Datsopoulos, MacDonald & Lind, Richard A. Reep, Missoula, for plaintiff and appellant.

Robert L. Deschamps, III, County Atty., Michael Schestedt, Deputy County Atty., Missoula, Frank Crowley, Helena, for defendants and respondents.

SHEA, Justice.

Plaintiff Albert Bailey, appeals a Missoula County District Court order denying his application for a writ of mandamus. The trial court ruled that Bailey had not proved he had been given a "blanket approval" to build a trailer park in 1968 or in any later years, that he had not exhausted his administrative remedies, and finally, that in any event the five-year statute of limitations (section 27-2-215 MCA) had run on his right to bring a mandamus action...

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