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TOWN PUMP, INC. v. PETROLEUM TANK REL. COMP. BD.

No. DA 07-0078.

176 P.3d 1017 (2008)

2008 MT 15

341 Mont. 139

TOWN PUMP, INC., Petitioner and Appellant, v. PETROLEUM TANK RELEASE COPENSATION BOARD (Board) and The Montana Department of Environmental Quality (DEQ), Defendants and Appellees.

Supreme Court of Montana.

Decided January 22, 2008.

Attorney(s) appearing for the Case

For Appellant: Patrick T. Fleming, Fleming & O'Leary, PLLP, Butte, Montana.

For Appellees: Hon. Mike McGrath, Montana Attorney General, Paul D. Johnson, Assistant Attorney General, Helena, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Town Pump's Dillon, Montana, service station location experienced a release from its petroleum underground storage tanks in December 2002. In December 2003 Town Pump applied to the Petroleum Tank Release Compensation Board (Board) for a determination of eligibility for reimbursement for its costs in conducting the cleanup of the diesel fuel at the spill site. Relying on the statutes and regulations...

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