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TAX LIEN SERVICES v. HALL

No. 95-395.

919 P.2d 396 (1996)

TAX LIEN SERVICES, Plaintiff and Respondent, v. Leland L. HALL, Defendant and Appellant, and Lake County, a political subdivision of the State of Montana, and unknown heirs and the unknown devisees of any defendant who may be deceased, and All Other Persons, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon, the real property described in the Complaint, or any part thereof adverse to Plaintiff's possible claim, be it present or contingent, including any claim or possible claim of dower, inchoate or accrued, Defendants.

Supreme Court of Montana.

Submitted May 31, 1996.

Decided July 12, 1996.

Attorney(s) appearing for the Case

James C. Bartlett, Hash, O'Brien & Bartlett, Kalispell, for Appellant.

Keith W. McCurdy, McCurdy Law Firm, Polson, Montana Deborah Kim Christopher, County Attorney, Polson, for Respondents.

Joseph P. Mazurek, Attorney General; Clay R. Smith, Solicitor, Helena, for Intervenor.

J. Cort Harrington, Helena, Montana (Montana County Treasurers Association) John Alke and Stephen M. Frankino, Hughes, Kellner, Sullivan and Alke, Helena, for amici curiae (Montana Taxpayers Association).

TURNAGE, Chief Justice.

Leland L. Hall appeals a judgment of the Twentieth Judicial District Court, Lake County. The court ruled that errors in obtaining a tax deed to Hall's Lake County property were cured by the publication of a Notice of Claim of Tax Title pursuant to § 15-18-413, MCA. We reverse and remand.

The issue is whether the applicant for the tax deed, Tax Lien Services, Inc., may avoid having the tax deed declared null and void by publishing...

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