NICHOLSON v. COONEY

No. 93-657.

877 P.2d 486 (1994)

Alan NICHOLSON; Jerry Calvert; Montanans for Responsible Government, an unincorporated association; Montana Education Association, a Montana corporation; Montana Federation of Teachers, a unincorporated association; Montana Federation of State Employees, an unincorporated association; Montana Public Employees Association/Employees Political Information Committee, a Montana corporation; American Federation of State, County, and Municipal Employees/Montana Council Nine, an unincorporated association affiliated with American Federation of State, County, and Municipal Employees; Associated Students of Montana State University, an unincorporated association; Montana State University Faculty Council; Associated Students of Eastern Montana College, an unincorporated association; Montana Low Income Coalition, a Montana corporation; and Associated Students of the University of Montana, Plaintiffs, Appellants and Cross-Respondents, v. Mike COONEY, Secretary of State of the State of Montana; Robert G. Natelson, individually and as Chairman of Montanans for Better Government, P.A.C.; Montanans for Better Government, P.A.C., a citizens group, registered as a political committee, Defendants, Respondents and Cross-Appellants.

Supreme Court of Montana.

Decided June 30, 1994.


Attorney(s) appearing for the Case

James H. Goetz (argued) and Richard J. Dolan; Goetz, Madden and Dunn, Bozeman; Jim McGarvey, Helena, for Appellants.

Gerald J. Neely (argued), Billings; Joseph P. Mazurek, Attorney General, Beth Baker (argued), Assistant Attorney General, Clay R. Smith, Solicitor, Helena, for Respondents.


HARRISON, Justice.

This is an action to declare unconstitutional Referendum 112 and the suspension of 1993 Mont. Laws 634 prior to a referendum vote. The District Court for the First Judicial District, Lewis and Clark County, granted summary judgment in favor of defendants.

Plaintiffs appeal, and defendant Secretary of State Mike Cooney cross-appeals. We affirm.

The issues are:

1. Did the District Court err in concluding that Counts II and...

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