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McELWAIN v. COUNTY OF FLATHEAD

No. 90-377.

811 P.2d 1267 (1991)

Mary W. McELWAIN, Plaintiff and appellant, v. The COUNTY OF FLATHEAD, a Political subdivision of the State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided May 2, 1991.

Rehearing Denied July 2, 1991.

Attorney(s) appearing for the Case

Marshall Murray, Murray & Kaufman, P.C., Kalispell, for plaintiff and appellant.

Thomas J. Murphy, Conklin, Nybo & Leveque, P.C., Great Falls, for defendant and respondent.

HUNT, Justice.

Plaintiff and appellant, Mary McElwain, appeals the judgment of the District Court, Eleventh Judicial District, Flathead County, denying her claim for damages for the reduction in value of her property caused by the enactment of septic regulations by Flathead County. The District Court, sitting without a jury, held that the regulations served a legitimate State interest in protecting the health and safety of the public, and that appellant was not entitled...

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