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DeVOE v. DEPARTMENT OF REVENUE

No. 92-510.

866 P.2d 228 (1993)

Clayton E. DeVOE, Petitioner and Respondent, v. DEPARTMENT OF REVENUE OF the STATE OF MONTANA, Missoula county, and Fern Hart, as Missoula County Treasurer, Respondents and Appellants.

Supreme Court of Montana.

Decided December 28, 1993.

As Amended on Denial of Rehearing February 3, 1994.

Attorney(s) appearing for the Case

David L. Nielsen (argued), Tax Counsel, Montana Depat. of Revenue, Office of Legal Affairs, Helena, Michael W. Sehestedt, Deputy Missoula County Atty., Missoula, for respondents and appellants.

George C. DeVoe (argued), Missoula, for petitioner and respondent.

TRIEWEILER, Justice.

Petitioner Clayton E. DeVoe petitioned the District Court for the Fourth Judicial District of the State of Montana in Missoula County pursuant to § 15-2-303, MCA, for review of an adverse decision by the State Tax Appeal Board (STAB). After considering written and oral arguments of the parties and the record from the STAB, the District Court concluded that the STAB's decision was not supported by substantial credible evidence, and therefore...

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