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

Cecil L. Bernhard appeals an order of Lincoln County District Court enjoining him from operating a motor vehicle wrecking facility without a license and ordering him to shield the junk vehicles from public view. The court, under Section 75-10-542(2), MCA, imposed a fine of $50 per day for each day from the date of the order if Bernhard did not comply. The court also ordered the Department of Health and Environmental Sciences to remove the vehicles if Bern-hard failed to follow the order.

In his appeal, Bernhard argues that he rebutted the statutory presumption of Section 75-10-502, MCA, that…