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RAE SUBDIVISION v. GALLATIN COUNTY

No. 88-192.

760 P.2d 755 (1988)

RAE SUBDIVISION COUNTY WATER AND SEWER DISTRICT NO. 313, Plaintiffs and Appellants, v. GALLATIN COUNTY, and Loy R. Carroll, Gallatin County Treasurer, Defendants and Respondents.

Supreme Court of Montana.

Decided August 30, 1988.

Attorney(s) appearing for the Case

Michael J. Lilly, Lilly, Andriolo & Schraudner, Bozeman, for plaintiffs and appellants.

A. Michael Salvagni, Co. Atty., James McKenna, Deputy Co. Atty., Bozeman, for defendants and respondents.

WEBER, Justice.

RAE Subdivision County Water and Sewer District No. 313 (RAE) petitioned for a writ of mandamus to compel Gallatin County to collect delinquent water and sewer assessments. The District Court for the Eighteenth Judicial District, Gallatin County, denied RAE's petition. RAE appeals. We affirm.

The issues are whether RAE has shown the two elements necessary for a writ of mandamus: a clear legal duty and the absence of a plain, speedy, or adequate...

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