Butte Community Union v. Lewis

219 Mont. 426, 712 P.2d 1309 (1986)

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Butte Community Union v. Lewis

Montana Supreme Court
219 Mont. 426, 712 P.2d 1309 (1986)

Facts

The Montana Department of Social and Rehabilitation Services (SRS) (defendant) proposed rules that would employ Aid to Families with Dependent Children guidelines to determine general-assistance (GA) benefit eligibility. The Butte Community Union (BCU) (plaintiff) sought a preliminary injunction barring SRS from implementing the regulations. To save resources, the Montana legislature passed House Bill (HB) 843, which eliminated GA benefits for nondisabled individuals under 35 with no dependent children and significantly limited GA benefits for nondisabled individuals between 35 and 50 with no dependent children. BCU amended its complaint to include a constitutional challenge to HB 843 and sought a preliminary injunction prohibiting SRS’s implementation of HB 843. The trial court issued the injunction, finding that the Montana Constitution guaranteed the right to welfare. SRS appealed.

Rule of Law

Issue

Holding and Reasoning (Morrison, J.)

Concurrence (Gulbrandson, J.)

Concurrence (Sheehy, J.)

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