Legal Opinion
Bell v. Department of Licensing
Montana Supreme Court
Decided April 30, 1979No. 14026PublishedCited by 21 opinions
1Opinion of the CourtJustice Sheehy
The Montana Board of Barbers and the Department of Professional and Occupational Licensing appeal from an adverse decision entered August 15, 1977, in the District Court, Lewis and Clark County by the Hon. Gordon R. Bennett sitting without a jury. Judge Bennett’s decision invalidated section 40-3,18(6)-S18030(2)(e) of the Montana Administrative Code on the grounds that it was in excess of the Board’s power and was therefore void and unenforceable.
The administrative rule under attack, section 40-3.18(6)-S18030(2)(e), provides in pertinent part:
“No barber college shall be approved by the Board…
2Cases cited6 opinions
- Smith v. Industrial CommissionArizona Supreme Court · 1976
- State Ex Rel. Swart v. CasneMontana Supreme Court · 1977
- Swift & Company v. State Tax CommissionArizona Supreme Court · 1969
- City of Polson v. Public Service CommissionMontana Supreme Court · 1970
- Anaconda Co. v. Department of RevenueMontana Supreme Court · 1978
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Board of Barbers of the Department of Professional & Occupational Licensing v. Big Sky College of Barberstyling, Inc.Montana Supreme Court · 1981
- BITTERROOT RIVER PROTECTION ASS'N, INC. v. Bitterroot Conservation DistrictMontana Supreme Court · 2002
- Bick v. State, Department of Justice, Division of Motor VihiclesMontana Supreme Court · 1986
- Pennaco Energy, Inc. v. Montana Board of Environmental ReviewMontana Supreme Court · 2008
- Michels v. Department of Social & Rehabilitation ServicesMontana Supreme Court · 1980
16 more not listed; retrieve them via the Exa API.