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WINCHELL v. STATE DEPT. OF STATE LANDS

No. 88-249.

764 P.2d 1267 (1988)

Thomas J. WINCHELL and David Winchell, Plaintiffs and Respondents, v. STATE of Montana, DEPARTMENT OF STATE LANDS, Defendants and Appellants.

Supreme Court of Montana.

Decided November 29, 1988.

Attorney(s) appearing for the Case

Lyle Manley, Dept. of State Lands, Helena, for defendants and appellants.

Thomas E. Smith, Moulton, Bellingham, Longo & Mather, Billings, for plaintiffs and respondents.

TURNAGE, Chief Justice.

A writ of prohibition was filed by the Honorable Dale Cox, Seventh Judicial District Court, Dawson County, restraining and prohibiting the Department of State Lands from (1) cancelling State Lease No. 0343 for nonpayment of agricultural rentals, (2) re-leasing the property to other parties, and (3) taking action for trespass against the plaintiffs. The court found that the property in dispute was leased for grazing only and the Department of...

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