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SHAPIRO v. JEFFERSON COUNTY

No. 96-005.

923 P.2d 543 (1996)

Steven J. SHAPIRO, Rick Strieb, and Barbara Patrick, Plaintiffs and Respondents, v. JEFFERSON COUNTY, Montana, a body corporate and politic; the Board of County Commissioners of said county; and Leonard Wortman, Charles Notbohm, and Glenna Obie, in their official capacities as County Commissioners of said county, Defendants and Appellants.

Supreme Court of Montana.

Decided September 6, 1996.

Attorney(s) appearing for the Case

Edmund F. Sheehy, Jr., Cannon & Sheehy, Helena, for Defendants and Appellants.

Steven J. Shapiro, Clancy, for Plaintiffs and Respondents.

TRIEWEILER, Justice.

On August 17, 1995, Steven J. Shapiro, Rick Strieb, and Barbara Patrick (Plaintiffs) filed a petition for a writ of mandamus and prohibition and a petition for a declaratory judgment in the District Court for the Fifth Judicial District in Jefferson County. On September 15, 1995, the District Court issued an alternative writ of mandamus. Following a hearing, the District Court issued a peremptory writ of mandamus and prohibition in which it prohibited...

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