SKINNER v. LEWIS AND CLARK

No. 98-592.

980 P.2d 1049 (1999)

1999 MT 106

SKINNER ENTERPRISES, INC., Skinner Enterprises Profit Sharing Trust, and Andy Skinner as Trustee, Petitioners and Appellants, v. LEWIS AND CLARK CITY-COUNTY HEALTH DEPARTMENT, Lewis and Clark City-County Board of Health, Joan Miles, Donald Ferlicka, Annabelle Richards, Mike Murray, Tom Huddleston, Nathan Munn, Gary Toothaker, Betty Beniger, Joan Toole, and Eddy Crowley, Respondents and Respondents.

Supreme Court of Montana.

Decided May 18, 1999.

Rehearing Denied June 17, 1999.


Attorney(s) appearing for the Case

Palmer A. Hoovestal, Attorney at Law; Helena, Montana, For Appellants.

Mike McGrath, Lewis and Clark County Attorney; K. Paul Stahl, Deputy County Attorney; Helena, Montana, For Respondents.


Justice TERRY N. TRIEWEILER delivered the opinion of the Court.

¶ 1 The petitioners, Skinner Enterprises, Inc., Skinner Enterprises Profit Sharing Trust, and Andy Skinner (collectively "Skinner") petitioned the District Court for the First Judicial District in Lewis and Clark County for a declaratory judgment to nullify and vacate certain amendments to the Lewis and Clark County On-Site Wastewater Treatment Regulations adopted in October 1995. The District Court...

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