Opinion
OP 23-0635
10-27-2023
MONTANA ASSOCIATION OF COUNTIES (MACO), MICHAEL MCGINLEY, and DAVID STROHMAIER, Petitioners, v. STATE OF MONTANA, and MONTANA DEPARTMENT OF REVENUE, Respondents.
ORDER
Petitioners Montana Association of Counties (MACo), Michael McGinley, and David Strohmaier seek declaratory judgment on original jurisdiction under M. R. App. P. 14(4). Petitioners argue they are entitled to declaratory judgment that declares: (1) under § 15-10-420, MCA, the Montana Department of Revenue (DOR) must calculate the statewide levies codified in §§ 20-9-331, -333, -360, and 25-439, MCA, in accordance with § 15-10-420(1)(a), MCA; (2) § 15-10-420, MCA, does not permit DOR to force counties to levy more or less than the calculated mills; and (3) § 15-10-420, MCA, does not permit DOR to carry forward mills to future years.
Having reviewed the Petition, this Court deems it appropriate to obtain a summary response. Therefore, in accordance with M. R. App. P. 14(7), IT IS ORDERED that Respondents are granted until the close of business on Monday, November 6, 2023, to prepare, file, and serve a response(s) to the petition for declaratory judgment on original jurisdiction.
The Clerk is directed to provide notice of this Order to counsel for all parties.