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MONTANANS FOR LAWS v. STATE EX REL. JOHNSON

No. DA 06-0740.

154 P.3d 1202 (2007)

2007 MT 75

MONTANANS FOR EQUAL APPLICATION OF INITIATIVE LAWS, a Montana corporation, Plaintiff and Appellant, v. STATE of Montana, by and through Brad JOHNSON, in his capacity as Secretary of State, Raise Montana's Committee to Increase the Minimum Wage, Political Ballot Committee, Defendants and Respondents.

Supreme Court of Montana.

Decided March 19, 2007.

Attorney(s) appearing for the Case

For Appellant: David G. Dennis, Church, Harris, Johnson & Williams, P.C., Great Falls, Montana.

For Respondent State of Montana: Hon. Mike McGrath, Montana Attorney General, Anthony Johnstone, Pam Bucy, Assistant Attorneys General, Helena, Montana.

For Respondent Raise Montana's Committee to Increase the Minimum Wage: James P. Molloy, Molloy Law Firm, Helena, Montana, Brian K. Gallik, Goetz, Gallik & Baldwin, P.C., Bozeman, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Montanans for Equal Application of Initiative Laws (Opponents) filed an action seeking to invalidate certain signatures gathered on behalf of Initiative 151 (I-151) and to enjoin the Secretary of State from including this initiative on Montana's November 7, 2006 general election ballot. After an expedited hearing, the District Court for the Eighth Judicial District, Cascade County, granted summary...

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