December 3, 2013
AMERICAN BANK OF MONTANA, Petitioner and Appellee,
STATE OF MONTANA, DEPARTMENT OF REVENUE, Respondent and Appellant.
The opening brief in this appeal was filed on October 24, 2013. In that brief, Appellant argues the February 7, 2013, decision of the Eighteenth Judicial District Court in this case should be reversed based on this Court's Opinion in Covenant Investments, LLC v. State Dept. of Revenue, 2013 MT 215, 371 Mont. 186, 308 P.3d 54. On November 25, 2013, Appellee American Bank of Montana filed notice that it concedes our Opinion in Covenant Investments controls the outcome. Therefore,
IT IS ORDERED that the appeal is dismissed and this matter is remanded to the Eighteenth Judicial District Court to consider its ruling in light of our opinion in Covenant Investments.
The Clerk is directed to provide copies of this order to all counsel of record and to the District Court for the Eighteenth Judicial District.