Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Walker v. Tschache, 162 Mont. 213 (1973)

Citation
Walker v. Tschache, 162 Mont. 213 (1973)
Parent Document
Walker v. Tschache, 162 Mont. 213 (1973)
Jurisdiction
Montana (state)
Effective Date
1973-05-16

Full Text

872 chars
Respondents argue this is not the proper situation for the issuance of a writ of supervisory control. In support they base their argument on State er rel. Whiteside v. First Judicial District Court, 24 Mont. 539, 63 P. 395. In the instant case it is apparent there are no factual issues to be argued. The important fact question was stipulated by the parties — that respondents did receive written notice of the increase prior to fifteen days before the effective date of the increase. There is only a question of law to be determined — was the notice given proper? It is also clear that although this law suit is maintained by only fifteen tenants there are approximately one hundred other tenants whose rights could be affected by a decision that the owner gave improper notice. Based on these facts, we find this is a proper situation for a writ of supervisory control.