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City of Billings v. Weatherwax7/2/1981
atically make the ordinance an invalid exercise of authority. Although defendant's belief that the ordinance is in conflict with section 61-8-401(1)(a), MCA, may be facially persuasive, when that section is read in pari materia with section 61-12-101(12), MCA, the conflict is resolved. See Miller v. Miller (1980), 189 Mont. 356, 616 P.2d 313, 320, 37 St.Rep. 1523, 1529. The ordinance has every appearance of being precisely what the legislature contemplated, and this Court will not exalt the form of one statute over the substance of another to invalidate it.
Affirmed.
MR. CHIEF JUSTICE HASWELL and JUSTICES DALY, WEBER and SHEEHY concur.
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