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WESTERN TRADITION v. ATTORNEY GENERAL

No. DA 11-0081.

271 P.3d 1 (2011)

2011 MT 328

363 Mont. 220

WESTERN TRADITION PARTNERSHIP, INC., a corporation registered in the State of Montana, and Champion Painting, Inc., a Montana corporation, Montana Shooting Sports Association, Inc., a Montana corporation, Plaintiffs, Appellees and Cross-Appellants, v. ATTORNEY GENERAL of the STATE of Montana, and Commissioner of the Commission for Political Practices, Defendants and Appellants.

Supreme Court of Montana.

Decided December 30, 2011.

Attorney(s) appearing for the Case

For Appellants: Steve Bullock (argued), Montana Attorney General; Anthony Johnstone , Solicitor, James P. Molloy , Assistant Attorney General, Helena, Montana.

For Appellees: Margot E. Barg (argued); Wittich Law Firm, P.C., Bozeman, Montana.

For Amici Curiae: Amy Poehling Eddy ; Bottomly, Eddy & Sandler, Kalispell, Montana (for former Montana Supreme Court Justices William E. Hunt, Sr. , W. William Leaphart , James M. Regnier , Terry N. Trieweiler and John Warner ).

Lawrence A. Anderson , Attorney at Law, Great Falls, Montana (for MTLA, Montana Conservation Voters, Montanans for Corporate Accountability, and Montana League of Rural Voters).

Elizabeth L. Griffing , Attorney at Law; Erin Kraft , Clinic Student, University of Montana, Missoula, Montana (for ACLU of Montana Foundation).

Jonathan Motl ; Morrison Motl & Sherwood, Helena, Montana Jeffrey D. Clements , Clements Law Office, LLC, Concord, Massachusetts (for Free Speech for People; American Sustainable Business Council; Novak and Novack, Inc., d/b/a Mike's Thriftway; Home Resource, Inc., and The American Independent Business Alliance).

Mark Mackin , Attorney at Law, Helena, Montana (for Montana Public Interest Research Group and Peoples Power League).

Karl J. Englund , Karl J. Englund, P.C., Missoula, Montana; Karl J. Sandstrom , Perkins Coie LLP, Washington, D.C. Michael T. Liburdi , James A. Ahlers , Jerica L. Peters , Perkins Coie LLP, Phoenix, Arizona (for Domini Social Investments LLC; Trillium Asset Management Corporation; Newground Social Investment; Interfaith Center On Corporate Responsibility; Harrington Investments, Inc.; The Sustainability Group of Loring, Wolcott & Coolidge; Calvert Asset Management Company, Inc.; The Christopher Reynolds Foundation, Inc.; and Walden Asset Management, a Division of Boston Trust & Investment Management Company).

Lee Bruner , Attorney at Law, Butte, Montana Allen Dickerson , Attorney at Law, Alexandria, Virginia (for Center for Competitive Politics).

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 The Attorney General of Montana and the Commissioner of Political Practices appeal from the District Court's Order on Cross-Motions for Summary Judgment filed October 18, 2010. We reverse.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 2 Western Tradition Partnership (WTP), Champion Painting and Montana Shooting Sports Foundation (MSSF) sued the Montana Attorney General and the Commissioner...

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