Legal Opinion · Concurrence

Wadsworth v. State

Montana Supreme Court

Decided February 26, 1996No. 94-602Published

1ConcurrenceJustice Erdmann

specially concurring.

I join in the majority’s opinion on Issues 1, 3, 4, and 5. I write separately in order to state that my concurrence on Issue 2 is limited to the final result as I cannot agree with the Court’s reasoning and analysis with respect to the nature of the right at issue in this case.

The State failed to present evidence that Wadsworth’s activities as a private real estate appraiser had in fact harmed the DOR or undermined the public’s confidence in the tax appraisal system. I would therefore affirm the District Court’s determination that Wadsworth’s discharge was wrongful based…

2Cases cited4 opinions

  1. Boreen v. ChristensenMontana Supreme Court · 1994
  2. Application of President of Montana Bar Ass'nMontana Supreme Court · 1974
  3. Cecil v. Allied Stores Corp.Montana Supreme Court · 1973
  4. Petition of MorrisMontana Supreme Court · 1978

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