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COLE v. STATE EX REL. BROWN

No. 01-882.

42 P.3d 760 (2002)

2002 MT 32

Mack COLE, Joseph C. Heiken, B.F. "Chris" Christiaens, Robert Emmons, Plaintiffs, v. STATE of Montana ex rel. Bob BROWN, Secretary of State, Defendants.

Supreme Court of Montana.

Decided February 26, 2002.

Attorney(s) appearing for the Case

Stanley T. Kaleczyc, Kimberly A. Beatty, Browning, Kalecyzc, Berry & Hoven, Helena, MT, For Plaintiffs.

Mike McGrath, Montana Attorney General, Brian M. Morris, Solicitor, Helena, MT, For Defendants.

Bradley A. Molnar, Laurel, MT; Stephanie A. Oblander, Gregory G. Smith, Great Falls, MT, for Edward Butcher, Allan Walters and Steve Vick, Amicus.

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

¶ 1 Plaintiffs Mack Cole, Joseph C. Heiken, B.F. "Chris" Christiaens, and Robert Emmons, filed an original proceeding in this Court challenging the validity of Constitutional Initiative 64 (CI-64) imposing term limits on ten state and federal offices. We hold that Plaintiffs' claim is barred by laches.

¶ 2 Plaintiffs presented the following issues for our review:

¶ 3 1. Whether...

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