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WOITH v. CASCADE COUNTY TREASURER

No. 93-155.

864 P.2d 752 (1993)

Wade E. and Barbara A. WOITH, et al., Plaintiffs and Appellants, v. CASCADE COUNTY TREASURER; Montana Department of Revenue, Defendants and Respondents.

Supreme Court of Montana.

Decided November 23, 1993.

Attorney(s) appearing for the Case

Robert P. Goff (argued) and Kristen G. Juras, Church, Harris, Johnson & Williams, Great Falls, for plaintiffs and appellants.

Lawrence G. Allen, Tax Counsel (argued), and David W. Woodgerd, Chief Legal Counsel, MT Dept. of Revenue, Patrick Paul, Cascade County Atty., Great Falls, for defendants and respondents.

HUNT, Justice.

Appellants, Wade and Barbara Woith (Woiths), appeal from an order of the Eighth Judicial District Court, Cascade County, denying them summary judgment and granting summary judgment to respondents, Cascade County Treasurer and Montana Department of Revenue (DOR). Woiths are a certified class of Cascade County taxpayers affected by real property tax appraisal adjustments implemented by DOR in 1990.

We reverse and remand.

The issue is whether...

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