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SCHWINDEN v. BURLINGTON NORTHERN, INC.

No. 83-551.

691 P.2d 1351 (1984)

Ted SCHWINDEN, In his Official Capacity as Governor of the STATE of Montana; Ellen Feaver, In her Official Capacity as Director of Revenue of the State of Montana; Department of Revenue of the State of Montana; Montana Association of Counties; Montana League of Cities and Towns; Urban Coalition; and Montana School Boards Association, Plaintiffs, v. BURLINGTON NORTHERN, INC., Defendant.

Supreme Court of Montana.

Decided November 23, 1984.

Attorney(s) appearing for the Case

David W. Woodgerd argued, Dept. of Revenue, Helena, G. Steven Brown, Mont. Assoc. of Counties, Helena, Robert M. McCarthy, Silver Bow County Atty. for League of Cities & Towns, Butte, Mike McGrath, L & C County Atty. for Urban Coalition, Helena, Chip Erdmann, Montana School Boards Assoc., Helena, for plaintiffs.

Stanley T. Kaleczyc argued, Helena, for defendant.

George Bennett argued, Helena, for Montana Bankers.

William David Dexter, Seattle, Wash., for Multi-Tax Comn.

SHEEHY, Justice.

This is an original proceedings in this Court brought by Governor Ted Schwinden, Ellen Feaver, Director of the State Department of Revenue, and interested associations for a declaratory judgment determining the validity of section 15-31-116, MCA. The defendant taxpayer is Burlington Northern, Inc.

We deemed important the issue raised by the complaint for declaratory judgment because it implicated the validity of state corporation license tax...

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