Richards v. Gernant
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The Supreme Court affirmed the order of the district court denying Appellant's petition compelling Appellee, the Missoula County Clerk and Recorder, to record Appellant's certificate of survey (COS), holding that Appellee did not have a clear legal duty to record the COS.
The district court dismissed Appellant's petition for writ of mandamus, finding that Appellee was not under a clear, non-discretionary, legal duty to record Appellant's COS bearing language certifying that a subdivision qualified for an exemption that the relevant reviewing authority found to be inapplicable and declined to approve. The Supreme Court affirmed holding that the district court was correct in dismissing the petition for writ of mandamus because Appellee was not under a clear legal duty to record a COS bearing a certification of exemption from sanitary review that Appellant was not approved for.
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