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STATE EX REL. DREHER v. FULLER

No. 92-300.

849 P.2d 1045 (1993)

The STATE of Montana ex rel. Vera L. DREHER, Plaintiffs and Appellants, v. David E. FULLER, Linda Stoll-Anderson and Jim Campbell, the lewis and Clark County Board of Commissioners, Defendants and Respondents.

Supreme Court of Montana.

Decided March 31, 1993.

Attorney(s) appearing for the Case

Jacqueline T. Lenmark, Keller, Reynolds, Drake, Johnson & Gillespie, Helena, for plaintiffs and appellants.

Mike McGrath, Lewis & Clark County Atty., and K. Paul Stahl (argued), Lewis & Clark Deputy County Atty., Helena, for defendants and respondents.

Tom K. Hopgood, Luxan & Murfitt, Helena, James G. Goetz, Richard J. Dolan, Goetz, Madden & Dunn, Bozeman, Mona Jamison, Helena, for amicus curiae.

HUNT, Justice.

Appellant Vera L. Dreher appeals from an order of the First Judicial District Court, Lewis and Clark County, dismissing her action seeking a writ of mandamus and declaratory judgment that the Montana Subdivision and Platting Act is unconstitutional. We affirm.

Appellant presents several issues and sub-issues for this Court to review. We restate the issues as follows:

1. Does the Montana Subdivision and Platting Act impermissibly delegate...

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