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RAVALLI COUNTY v. ERICKSON

No. 03-593.

85 P.3d 772 (2004)

2004 MT 35

RAVALLI COUNTY, Montana, Plaintiff and Appellant, v. Dallas ERICKSON, Defendant and Respondent.

Supreme Court of Montana.

Decided February 19, 2004.

Attorney(s) appearing for the Case

For Appellant: George H. Corn, County Attorney; D. James McCubbin, Deputy County Attorney, Hamilton, Montana.

For Respondent: Dallas Erickson, pro se, Stevensville, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Ravalli County appeals the District Court's refusal to review the constitutional validity of two proposed county ordinances prior to the initiatives being placed on the election ballot. We reverse and remand.

¶ 2 The sole issue on appeal is whether § 7-5-135(1), MCA, allows for substantive judicial review of ordinances proposed by an initiative petition.

Factual...

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