Legal Opinion

Rae Subdivision County Water & Sewer District No. 313 v. Gallatin County

Montana Supreme Court

Decided August 30, 1988No. 88-192PublishedCited by 2 opinions

1Opinion of the CourtJustice Weber

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 remedy in the ordinary course of law. Because we hold that the trial court was correct in concluding RAE has not shown that Gallatin County had a clear…

2Cited by2 opinions

  1. Rae Subdivision County Water & Sewer District No. 313 v. Frank J. Trunk & SonMontana Supreme Court · 1991
  2. Rae Subdivision County Water & Sewer District No. 313 v. Frank J. Trunk & SonMontana Supreme Court · 1991

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