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MONTANANS FOR COAL TRUST v. STATE

No. 99-342.

996 P.2d 856 (2000)

2000 MT 13

MONTANANS FOR THE COAL TRUST, Verner Bertelsen, Thomas E. Towe, Diana Wyatt, Ray Peck, Bob Raney, and Sue Bartlett, Petitioners, v. The STATE of Montana, and the Montana Department of Revenue, and Lois Menzies, in her capacity as Montana State Treasurer, Respondents.

Supreme Court of Montana.

Decided January 20, 2000.

Rehearing Granted February 24, 2000.

Attorney(s) appearing for the Case

James H. Goetz (argued), Robert K. Baldwin, and Richard J. Dolan, Goetz, Gallik, Baldwin & Dolan, P.C.; Bozeman, Montana, For Petitioners.

Brendan R. Beatty (argued), David W. Woodgerd, Montana Department of Revenue; Helena, Montana, For Respondent.

John E. Bloomquist and Colleen Coyle, Doney, Crowley, Bloomquist &Uda, P.C.; Helena, Montana; Robert M. McCarthy, Butte-Silver Bow County Attorney; Butte, Montana, For Amici Curiae.

Justice TERRY N. TRIEWEILER delivered the Opinion of the Court.

¶ 1 The Petitioners have asked this Court to exercise original jurisdiction pursuant to Article VII, Section 2(1) of the Montana Constitution and Rule 17, M.R.App.P., and to declare House Bill 260 (HB 260), enacted during the 1999 Montana Legislative Session, unconstitutional in violation of Article IX, Section 5 of the Montana Constitution. Petitioners further request that Respondents be enjoined...

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