[Download] "State Ex Rel. Bd. Equal. v. Koch" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel. Bd. Equal. v. Koch
• Author : Supreme Court of Montana
• Release Date : January 12, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This is an appeal from a judgment of the District Court of the Thirteenth Judicial District in Yellowstone County. The appellant State Board of Equalization issued a directive to the respondent Board of County Commissioners and to the respondent County Assessor of Yellowstone County in November, 1963. This directive, among other things, required the - Page 476 respondents to use certain valuations on the grades of, and certain classes of, property, specifically nonirrigated farm land. As to these lands the respondents refused to use the valuations which were set forth in appellants directive, but used valuations that were twenty percent less than appellants valuations. Appellant brought an action for a writ of mandate against the respondents to enforce its directive. After an alternative writ issued, respondents made a return and hearing was had. The district court made findings of fact and conclusions of law. The conclusions of law were to the effect that (1) a writ of mandate would be futile and ineffective because it would be impossible for the respondents to comply; and, (2) that the possibility of change in the directive by the State Board demonstrated no present right to a writ of mandate. The proceedings were ordered dismissed, and the State Board appealed.

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