Huttinga v. Pringle

Defendants appeal from a judgment of the Eighteenth Judicial District Court, Gallatin County, granting a writ of mandamus to the plaintiffs directing Montana Department of Health and Environmental Sciences (DHES) to certify property described in a deed as not subject to sanitary restrictions, and directing the Clerk and Recorder of Gallatin County to record the deed. We reverse the judgment.

Following are the dispositive issues:

1. Did the Clerk and Recorder fail to perform a clear legal duty in refusing to file plaintiffs’ certificate of survey and to record their warranty deed?

2. Did the…