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KOTTEL v. STATE

No. 01-833.

60 P.3d 403 (2002)

312 Mont. 387

2002 MT 278

Deborah KOTTEL and Albert Tuss, Plaintiffs and Appellants, v. STATE of Montana, Cascade County Treasurer, and Cascade County Commissioners, Defendants and Respondents.

Supreme Court of Montana.

Decided December 5, 2002.

Attorney(s) appearing for the Case

Lawrence A. Anderson, Howard F. Strause, Great Falls, Montana, for Appellants.

Mike McGrath, Montana Attorney General, Chris D. Tweeten, Civil Bureau Chief, Helena, Montana; Brant Light, Cascade County Attorney, Dirk M. Sandefur, Deputy Cascade County Attorney, Great Falls, Montana, for Respondents.

Justice JAMES C. NELSON delivered the Opinion of the Court.

I. INTRODUCTION

¶ 1 Appellants Deborah Kottel and Albert Tuss (hereinafter Taxpayers) appeal an order of the Eighth Judicial District Court, Cascade County, granting summary judgment to the Respondents State of Montana, Cascade County Treasurer, and Cascade County Commissioners (hereinafter State) on the issue of the constitutionality of § 20-25-439(1), MCA. We affirm.

¶ 2...

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