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PORCH v. POWDER RIVER BD. OF COUNTY COM'RS

No. 85-168.

710 P.2d 1364 (1985)

Eldora J. PORCH, Bobby Ray Tanner and Francis C. Cadwell, PLAINTIFFS and Appellants, v. POWDER RIVER BOARD OF COUNTY COMMISSIONERS, Alvin Raschkow, F.F. Huckins, Ted Fletcher, Commissioners, Defendants and Respondents.

Supreme Court of Montana.

Decided December 30, 1985.

Attorney(s) appearing for the Case

Anderson, Brown, Gerbase, Cebull & Jones, Joe Gerbase, Billings, for plaintiffs and appellants.

Daniel Schwarz, Co. Atty., Broadus, for defendants and respondents.

HARRISON, Justice.

This is an appeal from a judgment entered in the Sixteenth Judicial District, in and for the County of Powder River, Montana. The District Court denied appellants' application for a writ of prohibition against respondents to prohibit them from building a swimming pool pursuant to the creation of a RSID.

Prior to May 31, 1984, a number of petitions were circulated in Powder River County, Montana, for the purpose of creating a rural special...

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