Palmer v. State

Burch Palmer brought declaratory judgment action in the Sixteenth Judicial District Court, Custer County, for the purpose of determining the constitutionality of section 23-5-311, MCA. Palmer appeals from the District Court’s order declaring the statute constitutional. We affirm.

On appeal Palmer raises the following issues:.1. Does section 23-5-311, MCA, unconstitutionally deny equal protection of the laws.

2. Is section 23-5-311, MCA, special legislation which violates 1972 Mont.Const., Art. V, § 12?

3. Is section 23-5-311, MCA, void for vagueness?

Palmer is the owner and operator of the Alta…