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PACIFICORP v. STATE, DEPT. OF REVENUE

No. DA 08-0010.

207 P.3d 327 (2009)

2009 MT 140

350 Mont. 336

PACIFICORP, Petitioner and Appellee, v. STATE of Montana, DEPARTMENT OF REVENUE, Respondent and Appellant.

Supreme Court of Montana.

Decided April 21, 2009.

Attorney(s) appearing for the Case

For Appellant: Charlena Toro, Special Assistant Attorney General, Montana Department of Revenue, Helena, Montana, Peter J. Crossett, Hiscock & Barclay, Syracuse, New York.

For Appellee: Daniel J. Whyte, Keller, Reynolds, Drake, Johnson & Gillespie, Helena, Montana, David J. Crapo, Wood Crapo, Salt Lake City, Utah.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Montana Department of Revenue (DOR) appeals from an order denying its motion to dismiss for lack of subject matter jurisdiction entered in the District Court of the First Judicial District, Lewis and Clark County.

¶ 2 PacifiCorp protested DOR's 2005 valuation of its operating property. The denial of the protest was, by agreement, filed directly...

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