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News release: Dec. 29, 2010

District Court Dismisses Lawsuit against Legislature

District Court Judge Kathy Seeley has granted a motion by attorneys for the Montana Legislature to dismiss a lawsuit filed against the Legislature in September by Gov. Brian Schweitzer.

In its ruling, issued Wednesday, the District Court said, “While (the governor) alleges that the Legislature’s actions in passing HB 676 (in 2009) ‘limited’ his veto power, and his brief in opposition to the motion to dismiss asserts that his ‘constitutional veto power was essentially nullified’ and ‘effectively invalidated’ by the Legislature’s actions, the fact is that his veto power was never in jeopardy. Instead, he chose not to exercise it and not to sign the bill, both of which were legitimate options.”

A copy of the court order is attached.

 

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Last Modified:12/29/2010 4:31:42 PM