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MADISON COUNTY v. STATE

No. 97-464.

968 P.2d 732 (1998)

1998 MT 285

MADISON COUNTY, et al., Plaintiffs and Respondents, v. STATE of Montana, acting By and Through its office of PUBLIC INSTRUCTION, and Nancy Keenan, in her official capacity as the State Superintendent of Public Instruction, Defendants and Appellants.

Supreme Court of Montana.

Decided November 24, 1998.

Attorney(s) appearing for the Case

Geralyn Driscoll, Office of Public Instruction, Helena, Montana; Lawrence G. Allen, Department of Revenue, Helena, Montana (Amici Curiae), for Appellant.

Robert R. Zenker, Madison County Attorney, Virginia City, Montana, (Madison County); R.J. "Jim" Sewell, Jr., Smith Law Firm, Helena, Montana (Ennis School District No. 52); Lance Melton, Montana School Boards Association, Helena, Montana (Amici Curiae), for Respondent.

NELSON, Justice.

¶ 1. The Fifth Judicial District Court, Madison County, entered summary judgment for the Plaintiffs in this declaratory judgment action. We reverse and remand.

¶ 2. The issue is whether the District Court erred in holding that Madison County is not required to distribute tax revenues collected by means of a tax settlement agreement to the State of Montana and other taxing authorities in accordance with statutory levies.

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