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Counties ask Supreme Court to Take 95 Mill Case

October 27, 2023

The Montana Supreme Court has been asked to take jurisdiction over litigation to resolve the controversy surrounding the levying of school equalization mills.  The request was made by the Montana Association of Counties on behalf of taxpayers and county commissioners. 

There are currently three legal actions pending in this matter: 

• The State of Montana has sued Missoula County, in Missoula County District Court, over their decision levy 77.9 mills instead of 95 mills to fund school equalization and to levy 1.3 mills instead of 1.5 mills for Vo-Tech funding.

• Brad Molnar is challenging the Department of Revenue, in Yellowstone County District Court, over its directive to the counties to levy 95 mills instead of 77.9 mills.

• The Montana Quality Education Coalition has asked the Montana Supreme Court to order counties to levy 95 mills for the equalization of school funding.

The goal of asking the Supreme Court to take over jurisdiction of this issue is to speed up a final decision.  If the two lawsuits filed in District Court proceed it will likely take months or years to come to a final conclusion as appeals to the Supreme Court would be likely.

The Supreme Court will decide at some point if it wants to take jurisdiction of this issue or let it continue through the normal legal process.