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STATE EX REL. GALLOWAY v. GREAT FALLS

No. 83-498.

684 P.2d 495 (1984)

The STATE of Montana on the relation of GALLOWAY, INC., a Mont. Corp., et al., Plaintiffs and Appellants, v. The CITY OF GREAT FALLS, Montana, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided July 26, 1984.

Attorney(s) appearing for the Case

Graybill, Ostrem, Warner & Crotty, Michael G. Barer argued, Great Falls, for plaintiffs and appellants.

David V. Gliko, City Atty., Great Falls, Cure, Borer & Davis, Maxon R. Davis argued, Great Falls, for defendants and respondents.

WEBER, Justice.

Plaintiff filed a complaint in Cascade County District Court against the City of Great Falls, two of its officers, and the acting City Commission. Plaintiff sought a writ of mandamus compelling Great Falls to issue a building permit for a pre-release center and for a declaratory judgment that the use of the property as a pre-release center was permitted under the Urban Renewal Plan of Great Falls. The District Court denied mandamus and entered a judgment...

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