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HELENA ELEMENTARY SCHOOL DIST. v. STATE

No. 88-381.

769 P.2d 684 (1989)

HELENA ELEMENTARY SCHOOL DISTRICT NO. 1 and High School District No 1 of Lewis & Clark County; Billings Elementary School District No 2 and High School District No 2 of Yellowstone County; et al., Plaintiffs and Respondents, and Montana Education Association et al., Intervenors/Plaintiffs and Respondents, v. The STATE of Montana; and The Montana Board of Public Education; and The Montana Superintendent of Public Instruction, Defendants and Appellants, and C.J. Holje, Bernt Ward and Robert Frederich on behalf of the residents and taxpayers of Sheridan County, Montana, and all others similarly situated, Intervenors/Defendants and Appellants. Hays-Lodge Pole Elementary School District No. 50 and High School District No 50, and Blaine Coiunty; et al. and the Association of Indian Impact Schools of Montana, Intervenors/Defendants and Appellants.

Supreme Court of Montana.

Decided February 1, 1989.

Attorney(s) appearing for the Case

Terry G. Spear, Crowley Law Firm, Billings, for Hays-Lodge Pole School Dist # 50, et al.

Beda Lovitt, Helena, for Montana Superintendent of Public Instruction.

Benjamin Hilley, Hilley & Loring, Bigfork, for Montana Educ. Ass'n.

Marc Racicot, Atty. Gen., Helena, Clay R. Smith, Asst. Atty. Gen., Helena, for State.

W. William Leaphart, Helena, Loren O'Toole, Plentywood, Donald A. Garrity, Helena, for defendants and appellants.

James H. Goetz, Goetz, Madden & Dunn, Bozeman, for plaintiffs and respondents.

Charles E. Erdmann, Bruce W. Moerer, Dennis Lopach, Helena, for amicus curiae.

WEBER, Justice.

In this action for declaratory judgment, plaintiffs challenge the constitutionality of the 1985-86 method of funding public elementary and secondary schools in the State of Montana. The District Court for the First Judicial District, Lewis and Clark County, ruled in its primary holding that the system of funding violated the 1972 Montana Constitution. We affirm the holding of unconstitutionality, although on a narrower ground than that used by the...

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