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BUTTE-SILVER BOW LOCAL GOVERN. v. STATE

No. 86-270.

768 P.2d 327 (1989)

BUTTE-SILVER BOW LOCAL GOVERNMENT, Petitioner, v. The STATE of montana; Treasurer of the State of Montana, Department of Revenue of the State of Montana, Respondents.

Supreme Court of Montana.

Decided January 19, 1989.

Rehearing Denied February 16, 1989.

Attorney(s) appearing for the Case

James H. Goetz, argued; Goetz, Madden & Dunn, Bozeman, for petitioner.

Mike Greely, Atty. Gen., Helena, Clay R. Smith, argued, Asst. Atty. Gen., Eric J. Fehlig, Dept. of Revenue, Donald MacIntyre, Dept. of Natural Resources, for respondents.

GULBRANDSON, Justice.

This case involves a petition for assumption of original jurisdiction filed pursuant to Rule 17, M.R.App.P. Petitioners seek a declaratory judgment declaring the Montana Resource Indemnity Trust Act (1973), (the Act), unconstitutional, insofar as it authorizes the expenditure of Resource Indemnity Trust (Trust) funds for purposes other than the reclamation of lands disturbed by the taking of natural resources. Petitioners also challenge the constitutionality...

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