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CLOPTON v. MADISON COUNTY COM'N

No. 84-457.

701 P.2d 347 (1985)

Earl C. CLOPTON; Charles McCuaig; Kathy Worley; Floyd Edwards; Joan Sorvig; et al., Plaintiffs and Appellants, v. The MADISON COUNTY COMMISSION Consisting of Marie McAlear, William Dringle and John Allhands, Commissioners, et al., Defendants and Respondents. Montana Department of Health and Environmental Sciences, Intervenor and Respondent.

Supreme Court of Montana.

Decided June 13, 1985.

Attorney(s) appearing for the Case

Meloy Law Firm; Peter M. Meloy, Helena, for plaintiffs and appellants.

Loren Tucker, County Atty., Virginia City, Steve Perlmutter, Dept. of Health & Environmental Sciences, Helena, for defendants and respondents.

HUNT, Justice.

The appellants, citizens of Madison County, brought an action to enjoin the respondent, the Madison County Commission, from making expenditures and collecting service charges for a garbage disposal district. The respondent, Montana Department of Health and Environmental Sciences, was granted leave to intervene as a party defendant. The respondents answered, moved to dismiss, and moved to quash. At the hearing on an order to show cause why the respondent...

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