McGillivray v. State

¶ 1 In these consolidated appeals, the Plaintiffs and Appellants petitioned the Fourth Judicial District Court, Missoula County, and the Eighteenth Judicial District Court, Gallatin County, for declaratory judgment that §§ 46-7-102, 46-17-201(3), and 46-17-311(1), MCA, as amended by Ch. 129, L. 1997, violate their fundamental constitutional rights under the Montana Constitution. The District Courts denied the relief requested, and these appeals followed. We reverse.

¶2 The issue is whether the District Courts erred as a matter of law in dismissing the Plaintiffs’ complaints for declaratory…