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LINGSCHEIT v. CASCADE COUNTY

No. 90-491.

817 P.2d 682 (1991)

Richard J. LINGSCHEIT, Plaintiff and Appellant, v. CASCADE COUNTY, a body politic, Richard J. Michelotti and Montana Department of Revenue, Defendants and Respondents.

Supreme Court of Montana.

Decided September 9, 1991.

Attorney(s) appearing for the Case

Robert P. Goff, argued, Church, Harris, Johnson & Williams, Great Falls, for plaintiff and appellant.

Geralyn Driscoll, argued, Dept. of Revenue, Helena, for defendants and respondents.

McDONOUGH, Justice.

The plaintiff taxpayer, Richard J. Lingscheit appeals the order of the Eighth Judicial District Court, Cascade County, granting summary judgment to the defendants, Cascade County and the Montana Department of Revenue and denying taxpayer's request for a refund of allegedly overpaid property taxes. Taxpayer requested a refund pursuant to § 15-16-601, MCA. The sole issue on appeal is whether the District Court erred in granting summary judgment...

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