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COMMON CAUSE OF MONTANA v. ARGENBRIGHT

No. 95-323.

917 P.2d 425 (1996)

COMMON CAUSE OF MONTANA, a State Organization of Common Cause, a Washington, D.C., Non-profit Corporation, Plaintiff and Appellant, v. Ed ARGENBRIGHT, in His Capacity as Commissioner of Political Practices of the State of Montana, and the Office of the Commissioner of Political Practices of the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided April 23, 1996.

Rehearing Denied June 4, 1996.

Attorney(s) appearing for the Case

James P. Reynolds (argued) and Deborah S. Smith; Reynolds, Motl & Sherwood, Helena, for Appellant.

Joseph P. Mazurek, Attorney General, James M. Scheier, Ass't Attorney General (argued), Helena, for Respondents.

LEAPHART, Justice.

Pursuant to § 2-4-315, MCA, Common Cause filed a petition for rulemaking with the Commissioner of Political Practices (Commissioner) requesting the Commissioner to institute a rulemaking proceeding to clarify the definition of lobbying set forth in the Montana Lobbying Act, § 5-7-102(6), MCA. The Commissioner denied the petition. Common Cause then filed a complaint in District Court seeking declaratory relief and a peremptory writ of mandamus...

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