State v. Sand Hills Beef, Inc.

The Department of Livestock (Department) appeals from a judgment of the Yellowstone County District Court which rul ed that the Department could not recover against Sand Hills Beef, Inc. for its claimed outbreak of scabies, and for supervising the cattle dipping. The issues turn on an interpretation of section 81-2-109, MCA, which permits expenses to be recovered by the Department, but which does not set out the particular expenses recoverable. For reasons stated in this opinion, we affirm the judgment.

The trial court construed section 81-2-109 as a penal statute and therefore properly held…