SMITH v. RAVALLI CTY. BD. OF HEALTH

No. 83-487.

679 P.2d 1249 (1984)

Jerry L. SMITH and Vicki E. Smith, Plaintiffs and Appellants, v. The RAVALLI COUNTY BOARD OF HEALTH, Don Mullin and Jay Sacks, Defendants and Respondents.

Supreme Court of Montana.

Decided April 19, 1984.


Attorney(s) appearing for the Case

Richard A. Weber, Jr., Hamilton, for plaintiffs and appellants.

Robert Brown, County Atty., Hamilton, Boone, Karlberg & Haddon, Randy Cox, Garlington, Lohn & Robinson, Missoula, for defendants and respondents.


HARRISON, Justice.

This case arose out of a dispute between adjacent landowners in Ravalli County. Appellants objected to the installation of a septic tank and drain field on property owned by respondent Jay Sacks. The District Court denied appellants' request for a preliminary injunction and from this order appeal is taken. We affirm.

In the Spring of 1983, respondent Jay Sacks applied to the Ravalli County Health Department for a permit to construct a septic...

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