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DEVOE v. MISSOULA COUNTY

No. 86-382.

735 P.2d 1115 (1987)

Clayton E. DEVOE, Petitioner and Appellant, v. MISSOULA COUNTY; Fern Hart; the Missoula County Treasurer; and the Department of Revenue of the State of Montana, Respondents and Respondents.

Supreme Court of Montana.

Decided April 14, 1987.

Attorney(s) appearing for the Case

David Rodli, Missoula, for petitioner and appellant.

Robert L. Deschamps, III, Co. Atty., Missoula, Michael Sehestedt, Deputy Co. Atty., Larry G. Schuster, Dept. of Revenue, Helena, for respondents and respondents.

GULBRANDSON, Justice.

Clayton Devoe appeals a Missoula County District Court order granting the defendant Department of Revenue's (DOR) motion to dismiss Devoe's complaint. The dispositive issue on appeal is whether the District Court correctly ruled that appellant must exhaust his administrative remedies prior to initiating suit in district court. We affirm.

In January 1986, appellant filed a complaint in Missoula County District Court contesting the 1985...

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