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Letters of Advice – 2010

Disclaimer The Department of Justice expends considerable effort to ensure that the letters of advice appearing on our website are true copies of the originals on file in our office. However, we cannot guarantee the accuracy of a printed copy that you did not personally download from the website.

Subject Request Requestor Date Issued
Fire Districts Does Miles City, a city with general government powers, have the power to enter into fire protection service contracts for the protection of land and structures located outside the city limits? Mathews, Gary
County Commissioner
Gambling Is the fantasy sports game offered by the Board of Horse Racing through the Montana Lottery a sports pool under Title 23, part 5 of the Montana Code Annotated? Carruthers, C.A., Chair
Board of Horse Racing
  1. Is a Justice of the Peace subject to the prohibition against dual compensation found in Mont. Code Ann. § 2-2-104(3)(a) and, if so, may a part-time Justice of the Peace received compensation from another public entity during the time she conducts the official business of the Justice Court?
  2. May a county commission decline to allow a Justice of the Peace to work as a city judge unless the justice separates justice court and city court duties?
  3. May a justice court and city court have combined hours of operation if the judge logs the time spent on the business of each entity?
Batterman, Albert R.
County Attorney
School Districts Can a county superintendent of schools also be employed as a coach in a school district over which the superintendent has jurisdiction? Young, Mitchell
County Attorney
Statutory Construction Is a dispatch/911 center that is operated by a board of county commissioners a “police, emergency medical rescue, or fire protection facility” for the purposes of enacting impact fees under Mont. Code Ann. § 7-6-1601? Corn, George
County Attorney
Statutory Construction Once a resort community that complies with the population limit of Mont. Code Ann. § 7-6-1501(b) has lawfully adopted a resort tax, may the resort community continue to lawfully modify, extend, or increase its resort tax after the population of the resort community, according to the most recent federal census, or federal estimate, exceeds 5,500 persons? Phelps, John M.
City Attorney
Statutory Construction Does Mont. Code Ann. § 7-12-1133 allow an assessment method for purposes of Business Improvement Districts to be based upon business revenues? Harball, Charles A.
City Attorney
Taxation and Revenue Are the mills authorized to be carried forward under the provisions of Mont. Code Ann. § 15-10-420(1)(b) cumulative for each year in which they are not levied? Herring, Scott W.
County Attorney


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