JEFFERSON v. BIG HORN COUNTY

No. 88-369.

766 P.2d 244 (1988)

Dorothy JEFFERSON, Plaintiff and Appellant, v. BIG HORN COUNTY, and State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided December 13, 1988.


Attorney(s) appearing for the Case

D. Michael Eakin, Montana Legal Services, Billings, for plaintiff and appellant.

James Yellowtail, County Atty., Hardin, David W. Woodgerd and Geralyn Driscoll, Dept. of Revenue, Helena, for defendants and respondents.


HARRISON, Justice.

Appellant commenced this action seeking declaratory relief from the payment of state real property taxes. On January 8, 1988, appellant filed an admission of fact, acknowledging the nonpayment of 1986 real property taxes. On March 15, 1988, the District Court entered its order denying the appellant's motion for summary judgment and dismissing the appellant's complaint. Rule 12(b)(6), M.R.Civ.P. The court's memorandum stated the appellant's failure...

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