State Ex Rel. Department of Health & Environmental Sciences v. City of Livingston

The State of Montana filed a civil action against the City of Livingston in the district court, Park County, seeking recovery of a monetary penalty and a compliance order from the court for alleged violations of Montana’s Water Pollution Act, Title 69, Chapter 48, R.C.M.1947. The City moved to dismiss the complaint for failure to state a claim. The district court granted summary judgment in favor of the City. The State appeals.

According to the complaint, the State Department of Health and Environmental Sciences (Department) issued the City a permit on November 21, 1973, which authorized a…