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HELENA AERIE NO. 16 v. MONT. D. OF REV.

No. 91-082.

822 P.2d 1057 (1991)

HELENA AERIE NO. 16, F.O.E., a Montana corporation, Plaintiff and Appellant, v. MONTANA DEPARTMENT OF REVENUE, Defendant and Respondent.

Supreme Court of Montana.

Decided December 3, 1991.

Attorney(s) appearing for the Case

Chadwick H. Smith, Smith Law Firm, Helena, for plaintiff and appellant.

R. Bruce McGinnis, Dept. of Revenue, Helena, for defendant and respondent.

TURNAGE, Chief Justice.

Helena Aerie No. 16, F.O.E. (Eagles Club), brought this action for a declaratory judgment that its liquor license is transferable and assignable. On cross-motions for summary judgment, the District Court of the First Judicial District, Lewis and Clark County, ruled that the Department of Revenue (DOR) had properly classified the license as non-transferable and non-assignable and that this action is barred under any statute of limitations. The...

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