STATE EX REL. HARPER v. WALTERMIRE

No. 84-391.

691 P.2d 826 (1984)

STATE of Montana, ex rel., Steve HARPER, Robert C. Waltmire, Brad Belke, and Common Cause of Montana, a State affiliate of common cause, Plaintiffs and Relators, v. Jim WALTERMIRE, Secretary of State, State of Montana, Defendant and Respondent, and Montanans for a Balanced Federal Budget Committee, Real Party in Interest.

Supreme Court of Montana.

Decided November 28, 1984.


Attorney(s) appearing for the Case

McGarvey, Lence & Heberling; Jon L. Heberling argued, Kalispell, Jonathan Motl, Helena, for plaintiffs and relators.

Mike Greely, Atty. Gen., Alan D. Robertson, Luxan & Murfitt, Walter Murfitt argued, Helena, for defendant and respondent.

Ted Lympus argued, Kalispell, for defendant and respondent Hindman.

John W. Larson argued, Helena, Maxwell Miller argued, Denver, Colo., for real party in interest.

Harrison, Loendorf & Poston, Jerome Loendorf, Helena, for amicus curiae National Taxpayers.

John T. Noonan, Jr., Berkeley, Cal., for amicus curiae Sam Ervin, Jr. and Taxpayers Foundation.


HASWELL, Chief Justice.

Plaintiffs filed an application for writ of injunction on September 11, 1984, seeking an order finding Constitutional Initiative No. 23 void and unconstitutional. Plaintiffs further sought to enjoin the Secretary of State and other election officials from certifying a ballot and delivering a voter pamphlet containing this ballot initiative. After hearing arguments of the parties on September 28, 1984, the requested relief was granted by this...

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