Montana Code 81-8-236. Injunctive remedy
81-8-236. Injunctive remedy. The operation of a livestock market or the buying or selling of livestock by a person not licensed or certified and bonded as required by this part may be enjoined by the district court on petition from the department upon a showing that a person is engaged in the business of a livestock market or livestock dealer as defined in 81-8-213 without the license or certificate and bond required by this part. The court shall enjoin the person from further activities as a livestock market operator or livestock dealer until the license or certificate and bond have been properly obtained. It is not necessary to show that any individual has been injured by the actions complained of in order to obtain the issuance of the injunction. The injunctive relief provided by this section is an additional remedy to the criminal penalties provided in this part.
Terms Used In Montana Code 81-8-236
- Department: means the department of livestock provided for in Title 2, chapter 15, part 31. See Montana Code 81-8-213
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Livestock: means cattle, calves, hogs, pigs, horses, mules, sheep, lambs, and goats. See Montana Code 81-8-213
- Livestock dealer: means a person engaged in the business of buying or selling livestock in commerce on the person's own account or as an employee or agent of a vendor or purchaser. See Montana Code 81-8-213
- Livestock market: means :
(i)a person engaged in the business of buying or selling livestock in commerce on a commission basis;
(ii)a person engaged in the business of furnishing stockyard services; or
(iii)a livestock video auction as defined in this section. See Montana Code 81-8-213
- Person: means an individual, firm, association, partnership, or corporation. See Montana Code 81-8-213