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STOP OVER SPENDING MONTANA v. STATE

No. DA 06-0437.

139 P.3d 788 (2006)

2006 MT 178

STOP OVER SPENDING MONTANA, a political committee; Trevis Butcher, individually and as Political Committee Treasurer; Scott Mendenhall, individually and as Political Committee Chairman, 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 Appellants.

Supreme Court of Montana.

Decided: August 7, 2006.

Attorney(s) appearing for the Case

Hon. Mike McGrath, Attorney General; Anthony Johnstone and Pam D. Bucy, Assistant Attorneys General, Helena, for Appellants.

Chris J. Gallus, Attorney at Law, Helena, for Respondents.

Elizabeth L. Griffing, Attorney at Law, Missoula, James P. Reynolds and David K.W. Wilson, Jr., Reynolds, Motl & Sherwood, P.L.L.P., Helena, (for "Not in Montana: Citizens Against CI-97"), for Amicus.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 A committee called Stop Overspending Montana (Proponents) petitioned for the adoption of Constitutional Initiative No. 97. The basic effect of the initiative is to amend Article VIII, Section 9 of the Montana Constitution to include an additional limit on appropriations by the Legislature to an amount that is determined by applying a formula based on the growth rate of the population and inflation unless...

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