Legal Opinion

State Ex Rel. Department of Health & Environmental Sciences v. Green

Montana Supreme Court

Decided June 29, 1987No. 86-453PublishedCited by 2 opinions

1Opinion of the CourtJustice Hunt

The State of Montana ex rel. Department of Health and Environmental Sciences appeals an order in favor of Green’s Salvage on a charge of failure to obtain a license for Green’s motor vehicle wrecking facility and for failure to shield the facility from public view.

We reverse and remand.

There appear to be three main issues on appeal. They are:

1. Did the trial court err in finding that Green’s Salvage business was not within “public view” and that certain portions of the junk yard are exempt from shielding requirements?

2. Did the trial court err when it failed to find a violation by defendant…

2Cases cited2 opinions

  1. State v. BernhardMontana Supreme Court · 1977
  2. Hagfeldt v. MahaffeyMontana Supreme Court · 1978

3Cited by2 opinions

  1. Wallace v. Montana Department of Fish, Wildlife & ParksMontana Supreme Court · 1995
  2. State Ex Rel. Department of Health & Environmental Sciences v. GreenMontana Supreme Court · 1987

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