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BRESNAN COMMUNICATIONS v. STATE

No. DA 12-0569.

315 P.3d 921 (2013)

2013 MT 357

BRESNAN COMMUNICATIONS, LLC, Plaintiff and Appellee, v. STATE of Montana, DEPARTMENT OF REVENUE, Defendant and Appellant.

Supreme Court of Montana.

Decided December 2, 2013.

Rehearing Denied January 7, 2014.

Attorney(s) appearing for the Case

For Appellant: David R. Stewart , Courtney Jenkins (argued), Teresa G. Whitney , Special Assistant Attorney Generals, Montana Department of Revenue, Legal Services Office; Helena, Montana.

For Appellee: Robert L. Sterup (argued), Kyle Anne Gray , Shane P. Coleman , Holland & Hart LLP; Billings, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 The State of Montana Department of Revenue (Department) appeals the order of the Thirteenth Judicial District, Yellowstone County, that determined that the Department lacked authority to impose retroactive assessments on Bresnan Communications, LLC (Bresnan). The Department also appeals the separate findings of fact, conclusions of law, and order that determined that Bresnan owns exclusively class eight...

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