DISTRICT NO. 55 v. MUSSELSHELL COUNTY

No. 90-108.

802 P.2d 1252 (1990)

DISTRICT NO. 55, and High School District No. 55-H, Musselshell County, Montana, Plaintiffs and Appellants, v. MUSSELSHELL COUNTY and Margaret Reighard, in her Official Capacity as Superintendent of Schools, Musselshell County, Defendants and Respondents.

Supreme Court of Montana.

Decided December 12, 1990.


Attorney(s) appearing for the Case

Laurence R. Martin and Sol Lovas, Felt, Martin, Frazier & Lovas, P.C., Billings, for plaintiffs and appellants. Kenneth D. Tolliver and James C. Reuss, Wright, Tolliver & Guthals, Billings, for defendants and respondents.


HARRISON, Justice.

School Districts No. 55 and No. 55-H of Musselshell County, Montana, appeal the order of the District Court of the Fourteenth Judicial District granting Musselshell County's cross-motion for summary judgment. The School Districts had filed this action to obtain damages for alleged loss of operating revenues resulting from miscalculations of the mill levy by the County Superintendent of Schools. We affirm.

We frame the issues as follows:...

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