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LIEBMAN v. BRUNELL

No. 84-25.

689 P.2d 248 (1984)

Lawrence LIEBMAN and Thelma Liebman, Plaintiffs and Appellants, v. Don BRUNELL, Mayor of the City of Walkerville, the City Council; Don Peoples & Council of Commissioners of Butte-Silver Bow, Defendants and Respondents.

Supreme Court of Montana.

Decided October 9, 1984.

Rehearing Denied November 8, 1984.

Attorney(s) appearing for the Case

Joseph C. Engel, III, Butte, for plaintiffs and appellants.

Robert McCarthy, County Atty., Robert J. Holland, Butte, for defendants and respondents.

SHEA, Justice.

The petitioners, Lawrence and Thelma Liebman, appeal from an order of the Silver Bow County District Court dismissing their petition for a writ of mandamus. The writ was sought to compel the City-County of Butte-Silver Bow, or in the alternative, the City of Walkerville, to declare the premises adjacent to petitioners' a public nuisance, and abate the same. The trial court held that the premises did not constitute a public nuisance.

We affirm...

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