MONROE v. STATE

No. 93-403.

873 P.2d 230 (1994)

Debra Ruth MONROE and Marvin Monroe, Plaintiffs and Appellants, v. The STATE of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided March 30, 1994

Rehearing Denied May 26, 1994.


Attorney(s) appearing for the Case

Kirk Bond (argued), and Carl A. Hatch, Small, Hatch, Doubek & Pyfer, Helena, for appellants.

Joseph P. Mazurek, Atty. Gen., Clay R. Smith, Sol. (argued), Mike McGrath, County Atty., and Vicki Frazier, Deputy County Atty., Helena, for respondent.


TURNAGE, Chief Justice.

Debra Ruth Monroe and Marvin Monroe seek a declaratory judgment that § 87-2-102(2), MCA (1989), is void for vagueness. The statute defines "resident" for purposes of issuing resident fishing, hunting, and trapping licenses. The District Court for the First Judicial District, Lewis and Clark County, upheld the constitutionality of the statute. We affirm.

The issue is whether the term "resident" is unconstitutionally vague as defined...

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