Lovaas v. State

2012 MT 205N (2012) · Supreme Court of the State of Montana · September 11, 2012 · No. DA 12-0113

Summary

The Montana Supreme Court affirmed the dismissal of Patty Lovaas’s petition for judicial review concerning the Department of Revenue’s valuation of Elkhorn Hot Springs property for taxation. The Court held that Lovaas failed to present cogent arguments, supporting authority, or evidence demonstrating error in the District Court’s dismissal. The memorandum opinion is noncitable and does not serve as precedent under the Montana Supreme Court’s Internal Operating Rules.

Holdings

  1. The district court properly dismissed Lovaas's petition because she failed to present a cogent argument, supporting authority, or evidence demonstrating that the Department's valuation or the district court's ruling was erroneous.
  2. The case was properly decided by memorandum opinion under Section I, Paragraph 3(d) of the Montana Supreme Court Internal Operating Rules and does not serve as precedent.

Questions Presented

  1. Whether the district court properly dismissed Lovaas's petition for judicial review of the State Tax Appeal Board's property valuation decision.
  2. Whether Lovaas demonstrated reversible error through a recognizable legal argument supported by authority.

Disposition

affirmed

Cases Cited (2)

  • State v. Gomez, 2007 MT 111, ¶ 33, 337 Mont. 219, 158 P.3d 442(followed)
  • State v. Hicks, 2006 MT 71, ¶ 22, 331 Mont. 471, 133 P.3d 206(followed)

Cited In (0)

No citing cases on record yet.

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