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STATE, EX REL., DEPT. OF HEALTH v. BERNHARD

No. 85-513.

714 P.2d 558 (1986)

STATE of Montana, ex rel., DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES, Plaintiff and Respondent, v. Cecil L. BERNHARD, Defendant and Appellant.

Supreme Court of Montana.

Decided February 20, 1986.

Attorney(s) appearing for the Case

Jeffrey L. Shrom, Missoula, for defendant and appellant.

William Douglas, Lincoln Co. Atty., Susan Loehn, Deputy Co. Atty., Libby, for plaintiff and respondent.

MORRISON, Justice.

Cecil Bernhard appeals the August 16, 1985, order of the Nineteenth Judicial District Court, County of Lincoln, which assessed a $50 per day civil penalty against him for failing to properly shield his motor vehicle wrecking facility from public view. The order also stated that if the penalty was not paid by the 13th of September, 1985, the Department of Environmental Health and Sciences (DHES) would be permitted to contract for the destruction...

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