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STATE v. WALTERMIRE

No. 86-411.

729 P.2d 1297 (1986)

STATE of Montana, ex rel., MONTANA SCHOOL BOARD ASSOCIATION, Montana Association of Counties, Montana League of Cities and Towns, Musselshell County, Custer County, Chouteau County, Yellowstone County, Butte-Silver Bow Local Government, Charles L. Evans, and Michael S. Becker, Plaintiffs and Relators, v. Jim WALTERMIRE, Secretary of State of the State of Montana, Defendant and Respondent, and Friends of the Constitution, Inc., Real Party in Interest.

Supreme Court of Montana.

Decided December 11, 1986.

Attorney(s) appearing for the Case

Charles E. Erdmann argued, Helena, for plaintiffs and relators.

Mike Greely, Atty. Gen., H. Elwood English argued, Helena, for Secretary of State, defendant and respondent.

Carter Picotte argued, Helena, for Friends of the Constitution, real party in interest.

David Gliko, City Atty., Great Falls, Roger Tippy, Helena, for Montana Legal Defense Fund, amicus curiae.

WEBER, Justice.

In an application to this Court for a writ of injunction and declaratory judgment, plaintiffs and relators challenged the constitutionality of Constitutional Initiative 27, the "property tax initiative." On October 7, 1986, this Court issued an order denying the requested relief (copy of order attached to this opinion). This opinion sets forth the Court's reasoning.

The issues are:

1. Is the Initiative invalid on its face as a violation...

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