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STATE EX REL. BD. OF EQUALIZATION v. KOVICH

No. 10592

383 P.2d 818 (1963)

The STATE of Montana on relation of the STATE BOARD OF EQUALIZATION and Dan Fulton, John C. Alley and J. Morley Cooper as Members of and Constituting the State Board of Equalization, Relators, v. Helen KOVICH, as County Clerk and Recorder of the County of Lewis and Clark, William O. Osborne, as County Assessor of the County of Lewis and Clark, The Board of County Commissioners of Lewis and Clark County, and Harry F. Byrne, Edward F. Lamb and Al Gaskill as members of and Constitutiong the Board of County Commissioners of Lewis and Clark County, Respondents.

Supreme Court of Montana.

Decided July 12, 1963.

Attorney(s) appearing for the Case

John R. Kline (argued orally), Helena, for relators.

William Crowley (argued orally), Helena, for respondents.

Wm. J. Speare, County Atty., Billings, Gordon T. White, County Atty., Glasgow, Tom Darland, County Atty., Plentywood, Jordan A. Fosland, County Atty., Scobey, Paul J. Murphy, County Atty., Stanford, Allen LeMieux, County Atty., Boulder, Dan S. Welch, County Atty., Cut Bank, Dola N. Wilson, Jr., County Atty., Chester, Rae V. Kalbfleisch, County Atty., Shelby, William B. Sherman, County Atty., Conrad, Willis M. McKeon, County Atty., Malta, J. Chan Ettien, Deputy County Atty., Havre, and Oscar Hendrickson, County Atty., Chinook, argued orally for those petitioning to be entered as intervenors and respondents; Keith L. Burrowes, County Atty., Wolf Point, Charles D. Wahl, County Atty., Glendive, Denzil R. Young, Jr., County Atty., Baker, Victor G. Koch, County Atty., Sidney, and Thomas M. Ask, County Atty., Roundup, appeared.

CASTLES, Justice.

This is an original proceeding. The relators are the State Board of Equalization and will be referred to as the State Board. The respondents are the Clerk and Recorder, Assessor, and Board of County Commissioners of Lewis and Clark County.

The State Board filed a petition seeking a writ of mandamus to compel the elected officials of Lewis and Clark County to enter on the assessment books certain values ordered by the State Board. This court...

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