Legal Opinion · Dissent

Sanders v. Yellowstone County

Montana Supreme Court

Decided April 16, 1996No. 95-408Published

1DissentJustice Leaphart

I dissent. I would affirm the District Court’s holding that Sanders did not have the requisite standing to question the lack of notice to Hannah. The Court voids the tax deed to Gaugers for the reason that the County Treasurer failed to give notice to an interested party, Hannah, as required by § 15-18-212, MCA. The party raising this lack of notice is Sanders. Since Sanders did not acquire an interest in the property until after the tax deed was issued and was not the party who was deprived of the requisite notice, the question arises: “does Sanders have standing to assert Hannah’s right to…

2Cases cited9 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. United States v. RainesSupreme Court of the United States · 1960
  3. Montana Human Rights Division v. City of BillingsMontana Supreme Court · 1982
  4. Olson v. Department of RevenueMontana Supreme Court · 1986
  5. State v. KirklandMontana Supreme Court · 1979

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