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COLUMBIA FALLS ELEMENTARY SCHOOL v. STATE

No. 04-390.

109 P.3d 257 (2005)

2005 MT 69

326 Mont. 304

COLUMBIA FALLS ELEMENTARY SCHOOL DISTRICT NO. 6 and H.S. District No. 6; East Helena Elementary District No. 9; Helena Elementary District No. 1 and H.S. District No. 1; Billings Elementary District No. 2 and H.S. District No. 2; White Sulphur Springs Elementary District No. 8 and H.S. District No. 8; Troy Elementary District No. 1 and H.S. District No. 1; MEA-MFT; Montana School Boards Association; Montana Rural Education Association; School Administrators of Montana; Alan & Nancy Nicholson; Gene Jarussi; Peter & Cheryl Marchi; and Michael & Susan Nicosia, for themselves and as parents of their minor children, Plaintiffs, Respondents and Cross-Appellants, v. The STATE of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided March 22, 2005.

Attorney(s) appearing for the Case

For Appellant: Honorable Mike McGrath, Attorney General; Brian Morris (argued), Solicitor; Ali Bovingdon (argued), Assistant Attorney General, Helena, Montana.

For Respondents: James P. Molloy (argued), Molloy Law Firm, Helena, Montana, Brian K. Gallik, Goetz, Gallik & Baldwin, Bozeman, Montana.

For Amicus Curiae: Stephen A. Doherty and Patrick L. Smith, Smith, Doherty & Belcourt, Great Falls, Montana (Montana Indian Education Association).

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

¶ 1 The State appeals from the District Court's order determining that the State of Montana's public school system violates Article X, Section 1(3), of the Montana Constitution. This Court issued an order on November 9, 2004, affirming the District Court. This opinion supersedes that order.

¶ 2 We restate the issues as follows:

¶ 3 1. Whether a challenge to the adequacy...

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