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CITY OF GREAT FALLS v. DPHHS

No. 01-460.

47 P.3d 836 (2002)

309 Mont. 467

2002 MT 108

CITY OF GREAT FALLS, Plaintiff and Appellant, v. DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES, Lori Ekanger, and Montana State Hospital Warm Springs, Randy Vetter, Defendants and Respondents.

Supreme Court of Montana.

Submitted January 15, 2002.

Decided May 23, 2002.

Attorney(s) appearing for the Case

Tony Lucas (argued), Assistant City Attorney, Great Falls, Montana, For Appellant.

Michelle J. Maltese (argued), Special Assistant Attorney General, Helena, Montana, For Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 The City of Great Falls (Great Falls) appeals from the Eighth Judicial District Court's denial of its motion for declaratory judgment. We reverse.

¶ 2 The following issue is raised on appeal:

¶ 3 May a municipal court commit a criminal defendant if it determines that the defendant suffers from a mental disease or defect and lacks...

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