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BUTTE COMMUNITY UNION v. LEWIS

No. 87-144.

745 P.2d 1128 (1987)

BUTTE COMMUNITY UNION, et al., Plaintiffs and Respondents, v. Dave LEWIS, Director of the Montana Department of Social and Rehabilitation Services, Defendant and Appellant.

Supreme Court of Montana.

Decided November 23, 1987.

Attorney(s) appearing for the Case

Russell Cater argued, Dal Smilie, Michael S. Becker, Legal Affairs, Dept. of SRS, Helena, for defendant and appellant.

James H. Goetz argued, Bozeman, Russell A. LaVigne & Michael Sinclair, Mont. Legal Services, Helena, Robert L. Deschamps, III, Co. Atty., Peggy Verburg, Missoula, Jim Reynolds, Helena, plaintiffs and respondents.

SHEEHY, Justice.

The members of the 1972 State Constitutional Convention embraced a bold concept. They provided in Art. XII, § 3(3) that:

(3) The legislature shall provide such economic assistance and social and rehabilitative services as may be necessary for those inhabitants who, by reason of age, infirmities, or misfortune may have need for the aid of society.

From the viewpoint of hindsight, 15 years later, some may perceive Art. XII, &...

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