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BUCHER v. POWELL COUNTY

Nos. 14150, 14130.

589 P.2d 660 (1979)

John BUCHER et al., Plaintiffs and Respondents, v. POWELL COUNTY et al., Defendants and Appellants. Robert JOHNSON, Plaintiff and Respondent, v. ROSEBUD COUNTY et al., Defendants and Appellants.

Supreme Court of Montana.

Decided January 19, 1979.

Attorney(s) appearing for the Case

R. Bruce McGinnis argued, Dept. of Revenue, Helena, John S. Forsythe, County Atty., Forsyth, for defendants and appellants.

Loble, Pauly, Harlen, Picotte & Norris, Lester H. Loble, II argued, Helena, for plaintiffs and respondents.

SHEA, Justice.

The State Department of Revenue appeals from a judgment of the Powell County District Court declaring the sprinkler systems of the rancher-taxpayers were exempt from personal property taxes by virtue of section 84-206, R.C.M. 1947. Based upon constitutional considerations not discussed or considered by either party, nor presented to the District Court, we determine that the exemption must fail because at the time section 84-206 was passed, the legislature...

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