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HEADAPOHL v. CITY-COUNTY BD. OF HEALTH

No. DA 10-0537.

260 P.3d 139 (2011)

2011 MT 209

Dana HEADAPOHL and Lawrence Martin, Petitioners and Appellees, v. MISSOULA CITY-COUNTY BOARD OF HEALTH and Missoula City-County Health Department, Respondents and Appellants.

Supreme Court of Montana.

Decided August 30, 2011.

Attorney(s) appearing for the Case

For Appellants: Martha E. McClain , Deputy County Attorney, Missoula County, Missoula, Montana.

For Appellees: John K. Tabaracci , Robert Erickson ; Sullivan, Tabaracci & Rhoades, P.C., Missoula, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 The Missoula City-County Health Board (Board) and Missoula City-County Health Department (Department) appeal the order and judgment of the Fourth Judicial District Court, Missoula County, that reversed the Board's determination that Dana Headapohl and Lawrence Martin (collectively Headapohl) had violated the Missoula City-County Health Code (Health Code) by placing two buildings in the floodplain without...

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