SKINNER ENTERPRISES, INC., Skinner Enterprises Profit Sharing Trust, and Andy Skinner as Trustee, Petitioners and Appellants,
v.
LEWIS AND CLARK COUNTY BOARD OF HEALTH, and Lewis and Clark City/County Health Department, Joan Bowsher, Director, Respondents and Respondents.
Supreme Court of Montana.https://leagle.com/images/logo.png
Argued September 16, 1997.
Submitted October 28, 1997.
Decided December 22, 1997.
Rehearing Denied January 15, 1998.
Attorney(s) appearing for the Case
Palmer Hoovestal (argued), Helena, for Petitioners and Appellants.
K. Paul Stahl (argued), Deputy County Attorney, Lewis and Clark County, Helena, for Respondents and Respondents.
Claudia Massman, Montana Department of Environmental Quality, Helena, for Amicus Curiae.
John K. Tabaracci, Sullivan & Tabaracci, Missoula, for Amicus Curiae, Montana Association of Realtors®.
Susan B. Swimley, Deputy County Attorney, Gallatin County, Bozeman, for Amicus Curiae, Gallatin City-County Health Board.
David J. Patterson, University of Montana Law School, Missoula, for Amicus Curiae, Montana Association of Counties.
Martha McClain, Deputy County Attorney, Missoula County, Missoula, for Amicus Curiae, Missoula City-County Board of Health and Department of Health.
Supreme Court of Montana.
REGNIER, Justice.
In July 1995, petitioners Skinner Enterprises, Inc., Skinner Enterprises Profit Sharing Trust, and Andy Skinner as trustee (Skinner Enterprises), filed a petition for a writ of mandamus and declaratory judgment with the First Judicial District Court, Lewis and Clark County. In its petition, Skinner Enterprises asked the court to issue a declaratory judgment that the Lewis and Clark County Board of Health...
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