Brisendine v. State

Appellant Frank Brisendine, a licensed denturist, appeals from an order of the First Judicial District Court, Lewis and Clark County, dismissing appellant’s complaint for declaratory and injunctive relief. We affirm.

We rephrase the issues before the Court as follows:

1. Whether the District Court erred in dismissing appellant’s complaint for declaratory judgment for lack of a justiciable controversy.

2. Whether the District Court erred in dismissing appellant’s complaint for declaratory judgment because he failed to exhaust his administrative remedies.

Brisendine is a duly licensed denturist who…