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BRUEGGEMANN v. CITY OF BILLINGS

No. 85-494.

719 P.2d 768 (1986)

Lewis E. BRUEGGEMANN, Plaintiff and Appellant, v. CITY OF BILLINGS, Defendant and Respondent. YELLOWSTONE COUNTY BAR ASSOCIATION, Neil S. Keefer, individually, and as President of the Yellowstone County Bar Association, Plaintiffs and Appellants, v. CITY OF BILLINGS, Defendant and Respondent.

Supreme Court of Montana.

Decided June 4, 1986.

Attorney(s) appearing for the Case

Gerald J. Neely, Billings, for Brueggemann.

Moses Law Firm, Charles F. Moses, Billings, for Keefer.

Lewis E. Brueggemann, Billings, pro se.

K.D. Peterson, Peterson, Schofield & Leckie, Billings, for defendant and respondent.

WEBER, Justice.

In 1982, pursuant to its self-government powers, the City of Billings (Billings) passed ordinance 82-4474 (4474), which imposed an annual tax on all persons and entities doing business within Billings. Mr. Brueggemann and the Yellowstone County Bar Association (Bar) challenged the constitutionality of the ordinance. After cross motions for summary judgment, the Yellowstone County District Court granted Billings' motion, but, in doing so, first severed...

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