LEWIS & CLARK v. STATE, DEPT. OF COMMERCE

No. 86-289.

728 P.2d 1348 (1986)

LEWIS & CLARK COUNTY, Plaintiff and Respondent, v. STATE of Montana, DEPARTMENT OF COMMERCE and State of Montana, Department of Revenue, Defendants and Appellants.

Supreme Court of Montana.

Decided December 10, 1986.


Attorney(s) appearing for the Case

R. Bruce McGinnis, Dept. of Revenue, Richard M. Weddle, Dept. of Commerce, Helena, for defendants and appellants.

Mike McGrath, Co. Atty., Helena, for plaintiff and respondent.


GULBRANDSON, Justice.

The Department of Commerce and Department of Revenue appeal a Lewis and Clark County District Court judgment in favor of Lewis and Clark County.

Two issues are presented on appeal:

(1) Whether the District Court erred in determining that under § 61-3-536, MCA, the State must reimburse the County for revenue lost by the County's erroneous calculation under the statute?

(2) Whether the District Court erred in granting...

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