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CITY OF DEER LODGE v. CHILCOTT

No. DA 11-0120.

285 P.3d 418 (2012)

2012 MT 165

365 Mont. 497

CITY OF DEER LODGE ex rel., The MATTER OF CITY OF DEER LODGE ORDINANCES 130 and 136: Sherman Anderson and Bonnie Anderson, John Molendyke and Charlotte Molendyke, Jason Jones and Quinn Jones, Mark Hathaway and Mary Hathaway, Emery D. Weston, Dallis Hunter and Maggie Hunter, The Reverend David Baker and Jana Baker, Charlie Sedminik and Nancy Sedminik, Stanley C. Sworder, Dr. Dustin Rubink and Kelly Rubink, Michael Naseath and Camellia Naseath, Dr. Douglas McLaws and Tiffany McLaws, Brant Pierson and Heidi Pierson, and John Coutu and Cleo Coutu, Plaintiffs and Appellants, v. Gary W. CHILCOTT, Brian Chilcott, Talyn Lang, Zoo Mountain Natural Care, Inc., and City of Deer Lodge, Defendants and Appellees.

Supreme Court of Montana.

Decided August 3, 2012.

Attorney(s) appearing for the Case

For Appellants: Douglas D. Harris , Douglas Harris Law Offices, Missoula, Montana.

For Appellees: Michael Kauffman , Curt Drake , Drake Law Firm, P.C., Helena, Montana Gregory C. Black , Corette, Pohlman & Kebe, Butte, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Sherman Anderson and other concerned residents of the City of Deer Lodge (hereinafter "Anderson") appeal an order of the Third Judicial District Court, Powell County, denying their petition for a writ of mandamus. We affirm.

¶ 2 Anderson raises the following issue:

¶ 3 Did the District Court properly conclude that the City of Deer Lodge lacked a clear legal duty to revoke...

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