MALTA IRR. DIST. v. BD. OF HEALTH & ENVIRON.

No. 85-624.

729 P.2d 1323 (1986)

MALTA IRRIGATION DISTRICT, Glasgow Irrigation District, Dodson Irrigation District, Zurich Irrigation District, Harlem Irrigation District, Fort Belknap Irrigation District, Paradise Valley Irrigation District, Alfalfa Valley Irrigation District, Petitioners and Appellants, v. MONTANA BOARD OF HEALTH AND ENVIRONMENTAL SCIENCES, an agency of the State of Montana, and its individual members, Respondent, and Montana Renewable Resources, Inc., Real Party in Interest.

Supreme Court of Montana.

Decided December 18, 1986.


Attorney(s) appearing for the Case

F. Woodside Wright, Helena, Matthew W. Knierim, Glasgow, Douglas E. Davidson, argued, Bishop, Liberman & Cook, New York City, for petitioners and appellants.

Allen P. Chronister, argued, Agency Legal Services, G. Steven Brown, argued, Helena, for respondent.

Roger Tippy, City of Gillette, Wyo., Helena, for amicus curiae.


HARRISON, Justice.

This is an appeal from a denial of an application for a writ of prohibition entered by the First Judicial District in and for Lewis and Clark County. Petitioners sought to restrain the Board of Health and Environmental Sciences from reviewing an action taken by the Department of Health and Environmental Sciences. The District Court found that the Board was acting within its jurisdiction and so refused to issue the writ. We affirm.

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