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CROSS v. VANDYKE

No. DA 14-0259.

332 P.3d 215 (2014)

2014 MT 193

375 Mont. 535

Louise CROSS, Wade Dahood, Jean Bowman, Michael McKeon, Arlyne Reichert, Plaintiffs and Appellees, v. Lawrence J.C. VANDYKE, State of Montana, by and through Linda McCulloch, in her capacity as Secretary of State, Defendants and Appellants.

Supreme Court of Montana.

Decided July 22, 2014.

Attorney(s) appearing for the Case

Lawrence J.C. VanDyke: Rob Cameron , Nathan Bilyeu , Gough, Shanahan, Johnson & Waterman, Helena, Montana, for Appellant.

Peter Michael Meloy , Meloy Law Firm, Helena, Montana, Gene Jarussi , Bishop & Heenan Law Firm, Billings, Montana, for Appellees.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Lawrence J.C. VanDyke appeals the First Judicial District Court's grant of summary judgment to the Plaintiffs and Appellees, declaring VanDyke ineligible to seek election to the position of Justice of the Montana Supreme Court in the 2014 general election and directing the Montana Secretary of State to strike his name from the ballot. The only issue on appeal is whether VanDyke's decision to take inactive...

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