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WAGNER v. STATE

No. 02-571.

85 P.3d 750 (2004)

2004 MT 31

Clifford WAGNER, Plaintiff and Appellant, v. STATE of Montana, Mike McGrath, Attorney General for the State of Montana, and Leo Gallagher, County Attorney for Lewis and Clark County, Defendants and Respondents.

Supreme Court of Montana.

Decided February 18, 2004.

Attorney(s) appearing for the Case

For Appellant: Jeffrey T. Renz; Ashley Mattern Pfeiffer, Intern, School of Law, University of Montana, Missoula, Montana.

For Respondents: Honorable Mike McGrath, Attorney General; Chris Tweeten, Assistant Attorney General, Leo Gallagher, Lewis and Clark County Attorney, Helena, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Clifford Wagner sought a declaratory judgment in the First Judicial District Court, Lewis and Clark County, that he cannot be required to register under the Sexual or Violent Offender Registration Act (SVORA). The District Court denied Wagner's motion for summary judgment and dismissed the action. Wagner appeals and we affirm.

¶ 2 The issue is whether requiring Wagner to register...

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