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MONT. FOR JUSTICE v. STATE EX REL. McGRATH

No. DA 06-0634.

146 P.3d 759 (2006)

2006 MT 277

334 Mont. 237

MONTANANS FOR JUSTICE: Vote No On CI-98; Not In Montana: Citizens Against CI-97; and Property Owners Against I-154, Political Ballot Committees, Plaintiffs and Respondents, v. STATE of Montana, by and through Mike McGRATH, in his capacity as the Attorney General; and Brad Johnson, in his capacity as Secretary of State, Defendants and Respondents, Montanans in Action, a Montana Corporation; Citizens Right to Recall Montana; Protect Our Homes Montana; Stop Over Spending Montana, Political Ballot Committees, and Trevis Butcher, Defendants and Appellants, and Kendall Cox, Ervin J. Hanks, and Robert J. Cooper, Individually, Intervenors.

Supreme Court of Montana.

Decided October 26, 2006.

Attorney(s) appearing for the Case

For Defendants and Appellants: Christopher John Gallus, Helena, Montana.

For Intervenors: Patrick R. Watt, Jardine, Stephenson, Blewett & Weaver, Great Falls, Montana.

For Plaintiffs and Respondents: Peter Michael Meloy and Robin A. Meguire, Meloy Trieweiler, Helena, Montana.

For Defendants and Respondents: Mike McGrath, Attorney General, Anthony Johnstone, Assistant Attorney General, Pamela D. Bucy, Assistant Attorney General, Janice Doggett, Legal Counsel, Helena, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Plaintiffs Montanans For Justice: Vote No On CI-98, Not In Montana: Citizens Against CI-97, and Property Owners Against I-154 (collectively "Opponents") comprise three political ballot committees who brought suit against the three Defendant political ballot committees: Citizens Right To Recall Montana, Protect Our Homes Montana, and Stop Over Spending Montana. Opponents also sued Trevis Butcher...

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