STATE EX REL. DHES v. PEGASUS GOLD

No. 94-323.

889 P.2d 1197 (1995)

STATE of Montana, ex rel. DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES, Plaintiff and Respondent, v. PEGASUS GOLD CORPORATION, Defendant, and Zortman Mining, Inc., Defendant and Appellant, Island Mountain Protectors, Intervenor and Respondent.

Supreme Court of Montana.

Decided February 15, 1995.


Attorney(s) appearing for the Case

James B. Lippert, Alan J. Joscelyn; Gough, Shanahan, Johnson & Waterman, Helena, for Appellant.

Robert J. Thompson, Special Ass't Attorney General, Department of Health & Environmental Sciences, Helena. for Respondent.

Peter Michael Meloy, Attorney at Law, Helena, for Intervenor..


GRAY, Justice.

Zortman Mining, Inc. (ZMI) appeals from an order of the First Judicial District Court, Lewis and Clark County, denying its motion to change venue to Phillips County. We affirm.

The State of Montana, through its Department of Health and Environmental Sciences (Department), filed a complaint and application for an injunction in the First Judicial District Court against defendants ZMI and Pegasus Gold Corporation (Pegasus). The Department alleged...

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