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PATTERSON v. STATE, DEP'T OF REVENUE

No. 13418.

557 P.2d 798 (1976)

John F. PATTERSON, Jr., as Trustee of the Estate of John F. Patterson, et al., Plaintiffs and Respondents, v. The STATE of Montana, DEPARTMENT OF REVENUE, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided December 6, 1976.

Attorney(s) appearing for the Case

Randall Swanberg argued, Great Falls, R. Bruce McGinnis, Helena, for appellants.

Turnage & McNeil, Polson, Jean A. Turnage, argued, Polson, Boone Karlberg & Haddon, Missoula, Sam E. Haddon, Missoula, for respondents.

Cure, Borer & Lynch, Great Falls, Orin R. Cure argued, Great Falls, Thomas H. Clary argued, Great Falls; Robert P. Goff argued, Great Falls, Richard E. McCann, Billings, amicus curiae.

HASWELL, Justice.

The Montana Department of Revenue and two tax officials appeal from a judgment of the district court, Missoula County, holding the current statewide property appraisal program unconstitutional and illegal and permanently enjoining its implementation and use in Missoula County.

The background of the present controversy will furnish an overview of the situation on appeal and place the issues in perspective. Prior to the effective date of the...

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