Montana Supreme Court Decisions 2015
Date: December 30, 2015
Citation: 2015 MT 353
Docket Number: DA 15-0370
Justia Opinion Summary: This appeal concerned individual objectors to the Crow Water Compact, an agreement to distribute and manage water rights among the United States, the Crow Tribe, and the State of Montana. The Supreme Court affirmed the…
Date: December 29, 2015
Citation: 2015 MT 352N
Docket Number: DA 11-0299
Date: December 29, 2015
Citation: 2015 MT 349
Docket Number: DA 14-0712
Justia Opinion Summary: After a jury trial, Defendant was convicted of driving under the influence (DUI), a fifth-offense felony. Defendant was sentenced to a thirteen-month commitment at the Montana Department of Corrections (DOC) followed by…
Date: December 29, 2015
Citation: 2015 MT 350
Docket Number: DA 15-0292
Justia Opinion Summary: In 2015, the district court issued an order dissolving the marriage of Herb Paschen and Anne Paschen. Herb appealed, arguing that the district court erred in the amount of income it imputed to him for the purpose of…
Date: December 22, 2015
Citation: 2015 MT 346
Docket Number: DA 15-0029
Justia Opinion Summary: Plaintiff underwent foot surgery in 2010. Following the surgery, Defendant, who performed the surgery, placed Plaintiff in an othotic boot and instructed him to return for post-operative care. After two post-operative…
Date: December 15, 2015
Citation: 2015 MT 343
Docket Number: DA 15-0111
Justia Opinion Summary: After a jury trial at which Defendant represented himself, Defendant was found guilty of the felony offense of assault with a weapon. The district court sentenced Defendant to a twenty-year prison sentence with ten years…
Date: December 15, 2015
Citation: 2015 MT 344
Docket Number: DA 15-0136
Justia Opinion Summary: In 1982, Teton Co-Operative Canal Company (Teton Canal) filed a statement of claim for existing water rights for the Eureka Reservoir. Teton Cooperative Reservoir Company (Teton Reservoir) objected to Teton Canal’s…
Date: December 15, 2015
Citation: 2015 MT 342
Docket Number: DA 15-0255
Justia Opinion Summary: M.H. was the biological mother of J.B., now age ten. N.L., M.H.’s longtime boyfriend, acted as a father and raised J.B. from from eight months old, at seven years old, J.B. was removed from his home by the Department of…
Date: December 8, 2015
Citation: 2015 MT 339
Docket Number: DA 14-0172
Justia Opinion Summary: After a hearing, the district court entered an order for Appellant's involuntary commitment, not to exceed ninety days, initially to Montana State Hospital. Appellant appealed, arguing, inter alia, that the district…
Date: December 8, 2015
Citation: 2015 MT 341
Docket Number: DA 15-0054
Justia Opinion Summary: While institutionalized at the Montana State Hospital, Defendant assaulted and injured a nurse. Defendant was charged with felony aggravated assault and was transferred to Montana State Prison, where he remained until…
Date: December 8, 2015
Citation: 2015 MT 340
Docket Number: DA 15-0112
Justia Opinion Summary: David Kulko, Ilsa Kaye, and Michael Horn were the sole shareholders, directors, and officers of Davail, Inc. Kulko sued Kaye, Horn, and Davail for dissolution of Davail, shareholder oppression, fraudulent conduct, and…
Date: December 2, 2015
Citation: 2015 MT 336
Docket Number: DA 13-0686
Justia Opinion Summary: After a jury trial, Defendant was found guilty of felony driving under the influence of alcohol (DUI). Defendant appealed, contending that the prosecution’s comments suggesting that she could have proven her innocence by…
Date: December 2, 2015
Citation: 2015 MT 338
Docket Number: DA 14-0367
Justia Opinion Summary: In 2014, the district court found Respondent to be suffering from a mental disorder requiring commitment. The court involuntarily committed Respondent to the Montana State Hospital (MSH). On June 2, 2014, the district…
Date: December 2, 2015
Citation: 2015 MT 337
Docket Number: DA 15-0194
Justia Opinion Summary: In 2010, Scott Reis and Austin Luckett, who were both driving separate vehicles, were involved in a three-car automobile accident. Luckett admitted liability for the accident. In 2013, Reis filed a complaint alleging…
Date: December 1, 2015
Citation: 2015 MT 330
Docket Number: DA 15-0093
Justia Opinion Summary: Plaintiff was severely injured during a single vehicle accident that occurred on a City of Billings road. Plaintiff filed two complaints - one against the City Public Works Director and one against the State, Yellowstone…
Date: December 1, 2015
Citation: 2015 MT 335
Docket Number: DA 15-0295
Justia Opinion Summary: Three minor children had potential claims against their father (Father) and their father’s business arising out of an automobile accident that killed their mother. An attorney petitioned the district court to appoint a…
Date: November 24, 2015
Citation: 2015 MT 328
Docket Number: DA 15-0155
Justia Opinion Summary: Defendants acquired real property by borrowing more than $2 million from Whitefish Credit Union (WCU) and signing a promissory note to WCU, secured by mortgages on the property. Defendants later defaulted on that note,…
Date: November 24, 2015
Citation: 2015 MT 327
Docket Number: DA 15-0312
Justia Opinion Summary: When Mary Stewart failed to pay real property taxes on her property, the Flathead County Treasurer held a tax lien sale for the delinquent taxes. The County was listed as the purchaser of the tax lien. In 2013, RN & DB,…
Date: November 17, 2015
Citation: 2015 MT 324
Docket Number: DA 14-0632
Justia Opinion Summary: When Kent Roose was injured in an automobile crash his wife was an employee of Lincoln County, which provided health benefits via a group health plan (the Plan) that was part of Joint Powers Trust (JPT). Employee Benefit…
Date: November 17, 2015
Citation: 2015 MT 323
Docket Number: DA 14-0780
Justia Opinion Summary: Letica Land Company, LLC and Don McGee (collectively, Plaintiffs) filed an amended complaint for declaratory and injunctive relief seeking a preliminary injunction to close Modesty Creek Road, which consisted of an upper…
Date: November 17, 2015
Citation: 2015 MT 322N
Docket Number: DA 15-0048
Date: November 17, 2015
Citation: 2015 MT 326N
Docket Number: DA 15-0357
Date: November 10, 2015
Citation: 2015 MT 317
Docket Number: DA 15-0013
Justia Opinion Summary: Plaintiff filed a petition for a hearing in the Montana Workers’ Compensation Court (WCC) asking the court to order Teck American, Inc. to continue to provide medical benefits for a knee injury he sustained while working…
Date: November 10, 2015
Citation: 2015 MT 316
Docket Number: DA 15-0273
Justia Opinion Summary: Mother and Father were married in California when Child was born. They subsequently divorced, and the parties agreed to a parenting plan that was approved by a California court. That agreement specified that Father did…
Date: November 10, 2015
Citation: 2015 MT 315
Docket Number: DA 15-0445
Justia Opinion Summary: Todd Kiser initiated this action by filing a form complaint against Noel Kiser and Marie McDowell alleging that Noel and Marie owed him a sum of money arising out of an asserted agreement among them regarding their…
Date: November 10, 2015
Citation: 2015 MT 318
Docket Number: OP 15-0302
Justia Opinion Summary: Debtor filed for Chapter 7 Bankruptcy. Debtor claimed an Individual Retirement Account (IRA) he inherited from his mother upon her death as exempt property from the bankruptcy estate. The Trustee of the case objected to…
Date: November 5, 2015
Citation: 2015 MT 314
Docket Number: DA 14-0766
Justia Opinion Summary: In 2011, Wife petitioned to dissolve her marriage with Husband. In 2014, the district court issued its findings of fact and conclusions of law and entered a decree of dissolution dissolving the parties’ marriage and…
Date: November 3, 2015
Citation: 2015 MT 312
Docket Number: DA 14-0663
Justia Opinion Summary: Continental Partners bought a lot with two building pads from Yellowstone Development that was part of the Yellowstone Club subdivision. The purchase and sale agreement included an assurance that the houses Continental…
Date: November 3, 2015
Citation: 2015 MT 313
Docket Number: DA 15-0215
Justia Opinion Summary: In 2013, Vaughn School District received a petition requesting the transfer of a specific portion of territory from Vaughn School District to the Power School District. A panel of three county school superintendents…
Date: October 29, 2015
Citation: 2015 MT 311
Docket Number: OP 15-0537
Justia Opinion Summary: The case at issue in this proceeding was originally assigned to the Twentieth Judicial District Court Judge James Manley. Judge Deborah Christopher assumed jurisdiction after a defendant moved for substitution. At the…
Date: October 27, 2015
Citation: 2015 MT 310
Docket Number: DA 13-0667
Justia Opinion Summary: After a jury trial, Defendant was convicted of attempted deliberate homicide. Defendant appealed, raising two issues for review. The Supreme Court affirmed, holding (1) Defendant’s attorney was not ineffective in failing…
Date: October 27, 2015
Citation: 2015 MT 309
Docket Number: DA 15-0068
Justia Opinion Summary: After Jon Cruson resigned from his position with Missoula Electric Cooperative, Inc., he filed a claim for unemployment benefits with the Montana Department of Labor and Industry’s Unemployment Insurance Division…
Date: October 20, 2015
Citation: 2015 MT 301
Docket Number: DA 15-0017
Justia Opinion Summary: Scott Bardsley owned a parcel of residential property where he resided with Dora Cichantek (together, Plaintiffs). Earnest Anderson and Lizann Pluger (together, Defendants) resided on the adjacent property. When…
Date: October 20, 2015
Citation: 2015 MT 302
Docket Number: DA 15-0066
Justia Opinion Summary: Plaintiff was involved in a vehicle collision with another driver, who admitted fault. At the time of the accident, Plaintiff’s vehicle was insured with Farmers Insurance Exchange under a policy that included…
Date: October 20, 2015
Citation: 2015 MT 300
Docket Number: DA 15-0129
Justia Opinion Summary: After a bench trial, Defendant was convicted of operating a motor vehicle with an alcohol concentration in excess of 0.08. Defendant appealed and filed a motion to suppress the results of two separate blood alcohol…
Date: October 20, 2015
Citation: 2015 MT 300
Docket Number: DA 15-0129
Justia Opinion Summary: After a bench trial in the justice court, which is not a court of record, Defendant was convicted of operating a motor vehicle with an alcohol concentration in excess of 0.08. Defendant appealed to the district court and…
Date: October 20, 2015
Citation: 2015 MT 303
Docket Number: DA 15-0243
Justia Opinion Summary: Defendant, a resident of Idaho, was charged with driving under the influence (DUI), fourth or subsequent offense. Defendant moved to dismiss the felony DUI charge, arguing that Idaho’s reduction, pursuant to a plea…
Date: October 15, 2015
Citation: 2015 MT 299
Docket Number: DA 14-0650
Justia Opinion Summary: In 2000, Defendant purchased 4,900 acres of property in Teton County known as Boadle Ranch. Thereafter, Defendant prohibited public use of the two main roads transecting the ranch. Public Lands/Water Access Association…
Date: October 13, 2015
Citation: 2015 MT 296
Docket Number: DA 14-0727
Justia Opinion Summary: Plaintiff was on duty as an officer at a bank on December 11, 2004 when he had a physical altercation with Defendant. Plaintiff filed this action seeking damages against Defendant on March 18, 2009. The jury returned a…
Date: October 13, 2015
Citation: 2015 MT 293
Docket Number: DA 14-0791
Justia Opinion Summary: Plaintiff, while in the course of her employment, was injured while the van in which she was riding was struck by a bus owned by Defendant. Plaintiff filed suit against Defendant for accident-related injuries. The…
Date: October 13, 2015
Citation: 2015 MT 292
Docket Number: DA 15-0199
Justia Opinion Summary: After a termination hearing, the district court terminated Mother’s parental rights to her five minor children, who had been adjudicated as youths in need of care. The district court concluded that Mother’s conduct or…
Date: October 13, 2015
Citation: 2015 MT 294
Docket Number: OP 15-0449
Justia Opinion Summary: The State charged Defendant with a number of offenses under Mont. Code Ann. Title 87. Defendant moved to dismiss two of the counts for unlawful possession of wildlife on the grounds that the statute of limitations barred…
Date: October 6, 2015
Citation: 2015 MT 287
Docket Number: DA 13-0641
Justia Opinion Summary: Defendant was arrested for suspicion of driving under the influence of alcohol or drugs (DUI). As part of the DUI investigation, Defendant provided a breath sample on an Intoxilyzer 8000. Defendant moved to bar the…
Date: October 6, 2015
Citation: 2015 MT 289
Docket Number: DA 14-0566
Justia Opinion Summary: Defendant was charged with driving under the influence of alcohol or drugs, driving without liability insurance, habitual traffic offender operating motor vehicle, and refusal to submit to breath or blood alcohol and/or…
Date: October 6, 2015
Citation: 2015 MT 288
Docket Number: DA 15-0234
Justia Opinion Summary: After Buyers purchased a home, they discovered mold growing in the basement. Buyers sued the Sellers’ real estate agent (Agent), alleging negligence. Specifically, Buyers claimed that Agent was obligated to discover…
Date: September 29, 2015
Citation: 2015 MT 284
Docket Number: DA 14-0666
Justia Opinion Summary: Forquest Ventures was formed to operate a placer mining enterprise in Helena, Montana. Ken Hagman relied on purported assay reports of the site allegedly performed by Advanced Analytical before incorporating Forquest.…
Date: September 29, 2015
Citation: 2015 mt 283
Docket Number: DA 14-0675
Justia Opinion Summary: Wife filed a petition for legal separation, and Husband’s answer requested the court to enter a decree of dissolution. After a trial, the Standing Master apportioned the marital estate, denied Husband’s request for…
Date: September 29, 2015
Citation: 2015 MT 285
Docket Number: DA 15-0085
Justia Opinion Summary: The Gallatin Gateway County Water & Sewer District sought a permit for a proposed wastewater treatment system. The Montana Department of Environmental Quality (DEQ) granted a wastewater discharge permit. Gateway Village,…
Date: September 29, 2015
Citation: 2015 MT 282
Docket Number: DA 15-0131
Justia Opinion Summary: August Schreiber’s (the decedent) will devised three lots and five certificates of deposit (CDs) to named beneficiaries (the beneficiaries). Before the decedent died, he sold the lots and the CDs. The personal…
Date: September 28, 2015
Citation: 2015 MT 281
Docket Number: DA 13-0765
Justia Opinion Summary: Defendant was charged with partner or family member assault, second offense. The State filed notice that the Crime Victims Compensation Program sought restitution from Defendant for the amount the Program paid to the…
Date: September 22, 2015
Citation: 2015 MT 280N
Docket Number: DA 15-0057
Date: September 18, 2015
Citation: 2015 MT 279
Docket Number: DA 13-0565
Justia Opinion Summary: Defendant was charged with driving under the influence of alcohol or drugs. Defendant filed a motion to dismiss on the basis that he had not been brought to trial within six months of entering his not-guilty plea. The…
Date: September 17, 2015
Citation: 2015 MT 278
Docket Number: DA 14-0776
Date: September 17, 2015
Citation: 2015 MT 278
Docket Number: DA 14-0776
Justia Opinion Summary: In 2013, Froid Elementary School District No. 65 petitioned the Roosevelt County Superintendent of Schools to transfer territory from the Poplar Elementary School District No. 9 to the Froid School District. Poplar…
Date: September 15, 2015
Citation: 2015 MT 271
Docket Number: DA 13-0693
Justia Opinion Summary: After a jury trial, Defendant was convicted of the deliberate homicide of his ex-wife. The Supreme Court affirmed, holding (1) the district court did not err in denying Defendant’s motion to suppress statements made…
Date: September 15, 2015
Citation: 2015 MT 273
Docket Number: DA 14-0138
Justia Opinion Summary: After a jury trial, Defendant was convicted of felony sexual assault. Defendant was sentenced to seventy years imprisonment with twenty years suspended for the sexual abuse charge. The Supreme Court affirmed, holding…
Date: September 15, 2015
Citation: 2015 MT 274
Docket Number: DA 14-0732
Justia Opinion Summary: Plaintiff brought this negligence action for injuries she allegedly sustained her her vehicle was rear-ended by a vehicle driven by Defendant. After a trial, the jury returned a general verdict in favor of Plaintiff,…
Date: September 15, 2015
Citation: 2015 MT 275
Docket Number: DA 15-0016
Justia Opinion Summary: Plaintiff filed a complaint against Lincoln County and several Lincoln County Commissioners, alleging certain errors committed in the resignations and appointments of the Commissioners. The district court granted summary…
Date: September 15, 2015
Citation: 2015 MT 272
Docket Number: DA 15-0158
Justia Opinion Summary: Starting in 2007, A&C Soaring Eagle, Inc. (A&C) purchased chemicals and fertilizer on account from Fitterer Sales Montana, Inc. (Fitterer). In 2009, Fitterer filed suit alleging that A&C and Clint Mullin, Jr. (Clint),…
Date: September 8, 2015
Citation: 2015 MT 267
Docket Number: DA 14-0050
Justia Opinion Summary: After a jury trial, Defendant was convicted of three counts of assault on a peace officer. Defendant filed a motion for a new trial, alleging improper contact between the judge and the jury while the jury was…
Date: September 8, 2015
Citation: 2015 MT 266
Docket Number: DA 14-0373
Justia Opinion Summary: Defendant pled guilty to felony criminal endangerment of the mother of his young children. The district court sentenced Defendant to the custody of the Department of Corrections for five years with two of those suspended…
Date: September 8, 2015
Citation: 2015 MT 263
Docket Number: DA 14-0614
Justia Opinion Summary: After a trial, the district court entered a dissolution decree dissolving the marriage of Gordon and Nancy Clark. Gordon appealed, challenging the district court’s valuation and distribution of the marital estate. The…
Date: September 8, 2015
Citation: 2015 MT 265
Docket Number: DA 14-0798
Justia Opinion Summary: In 1996, Donna Metcalf transferred a forty-acre parcel of land to Richard Thieltges by warranty deed. The deed contained certain covenants, restrictions, conditions and charges (“Restrictions”). In 2000, Thieltges…
Date: September 8, 2015
Citation: 2015 MT 264
Docket Number: DA 15-0067
Justia Opinion Summary: After five years of employment with Employer, Employee was terminated. Employee brought this action against Employer alleging wrongful discharge and seeking damages. After a hearing, the district court granted summary…
Date: September 1, 2015
Citation: 2015 MT 262
Docket Number: DA 13-0855
Justia Opinion Summary: In 1995, Defendant pled guilty to forgery and bail jumping. Defendant’s original sentence was a twenty-year commitment to the Department of Corrections (DOC) with ten years suspended. The district court’s sentence made…
Date: September 1, 2015
Citation: 2015 MT 255
Docket Number: DA 14-0015
Justia Opinion Summary: The town of Opportunity is a rural community east of a former copper smelter operated by the Anaconda Company. Between 1884 and 1980, the smelter emitted smoke and fumes containing arsenic and other toxic materials, and…
Date: September 1, 2015
Citation: 2015 MT 259
Docket Number: DA 14-0206
Justia Opinion Summary: Defendant pleaded nolo contendere to robbery, assault with a weapon, and burglary. The district court sentenced Defendant to prison and imposed numerous conditions on his partially suspended term. In the sentencing…
Date: September 1, 2015
Citation: 2015 MT 258
Docket Number: DA 14-0724
Justia Opinion Summary: Prior to July 2011, St. Peter’s Hospital’s Medical Staff granted privileges to qualified, non-employee radiologists, including the physicians of Montana Interventional and Diagnostic Radiology Specialists, PLLC (MIDRS),…
Date: September 1, 2015
Citation: 2015 MT 256
Docket Number: DA 14-0731
Justia Opinion Summary: In 2011, Debora Smith filed a petition for dissolution of her marriage to Glenn Smith. After a trial, the district court entered an order dissolving the parties’ marriage and distributing their marital estate. The…
Date: September 1, 2015
Citation: 2015 MT 257
Docket Number: DA 15-0005
Justia Opinion Summary: The parties in this case owned adjoining parcels of land adjacent to Rock Creek in Carbon County. Plaintiffs brought this action in 2008, alleging that Defendants interfered with Plaintiffs’ water right by erecting a…
Date: August 26, 2015
Citation: 2015 MT 254
Docket Number: DA 14-0153
Justia Opinion Summary: Defendant pled guilty to criminal possession of dangerous drugs and criminal possession of drug paraphernalia, reserving her right to appeal the district court’s denial of her motion to suppress. Defendant appealed,…
Date: August 26, 2015
Citation: 2015 MT 253
Docket Number: DA 15-0002
Justia Opinion Summary: Insurer issued an insurance policy to Insured covering his truck. When Insured did not pay the premium amount to renew his policy by the deadline of May 1, Insurer sent Insured a notice of expiration and cancellation…
Date: August 25, 2015
Citation: 2015 MT 251
Docket Number: DA 13-0668
Justia Opinion Summary: Defendant’s wife obtained an order of protection prohibiting all contact between Defendant and his wife. Thereafter, Defendant was charged with four counts of violating an order of protection for calling his wife four…
Date: August 25, 2015
Citation: 2016 MT 252N
Docket Numbers: DA 13-0840, DA 15-0667
Date: August 24, 2015
Citation: 2015 MT 250
Docket Number: DA 14-0441
Justia Opinion Summary: A.M.M. was the mother of eight adult children, including Timothy McCann. Timothy filed a petition requesting that he be appointed A.M.M’s sole guardian and conservator. After a trial, the district court found that A.M.M.…
Date: August 18, 2015
Citation: 2015 MT 247
Docket Number: DA 13-0554
Justia Opinion Summary: After a jury trial, Defendant was found guilty of theft, a felony, and was sentenced as a persistent felony offender to a term of twenty-five years at Montana State Prison, with fifteen suspended, and ordered to pay…
Date: August 18, 2015
Citation: 2015 MT 246
Docket Number: DA 14-0075
Justia Opinion Summary: After a jury trial, Defendant was convicted of negligent homicide. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion in permitting Dianna Nelson to testify as a witness at trial…
Date: August 18, 2015
Citation: 2015 MT 243
Docket Number: DA 14-0336
Justia Opinion Summary: After a jury trial, Defendant was found guilty of deliberate homicide and sentenced to forty years in prison. Defendant later filed an amended petition for post-conviction relief, claiming that he received ineffective…
Date: August 18, 2015
Citation: 2015 MT 244
Docket Number: DA 15-0038
Justia Opinion Summary: This appeal concerned three separate orders entered by the district court during proceedings resulting in the termination of Mother’s parental rights to her three minor children. The Supreme Court affirmed, holding (1)…
Date: August 18, 2015
Citation: 2015 MT 245
Docket Number: DA 15-0094
Justia Opinion Summary: Howard H. Mills (the Decedent) died, survived by three sons - Howard W. (Howard), John, and David. On August 21, 2014, Howard petitioned for formal probate of Decedent’s will and appointment of a personal representative.…
Date: August 14, 2015
Citation: 2015 MT 242
Docket Number: DA 13-0763
Justia Opinion Summary: In 2002, Defendant was convicted of sexual intercourse without consent. In 2010, the victim recanted his accusations in writing. Based upon those recantations, Defendant filed a petition for postconviction relief seeking…
Date: August 12, 2015
Citation: 2015 MT 240
Docket Number: DA 14-0253
Justia Opinion Summary: Appellant, an employee of BNSF Railway, sued BNSF under the Federal Employers’ Liability Act, alleging that BNSF negligently assigned him to work that caused cumulative trauma injuries to his musculoskeletal system,…
Date: August 12, 2015
Citation: 2015 MT 241
Docket Number: DA 14-0260
Justia Opinion Summary: Appellees were Online Travel Companies (OTCs) that provide online travel information and secure reservations for travelers for car rental and lodging services in Montana. The Montana Department of Revenue filed suit…
Date: August 11, 2015
Citation: 2015 MT 230
Docket Number: DA 13-0747
Justia Opinion Summary: Defendant was charged with failure to give notice of change of home residence as a registered sex offender. Pursuant to a written plea agreement, Defendant pleaded nolo contendere to the charge. Thereafter, Defendant was…
Date: August 11, 2015
Citation: 2015 MT 232
Docket Number: DA 13-0813
Justia Opinion Summary: Defendant was charged in municipal court with misdemeanor cruelty to animals. After a jury trial, Defendant was found guilty. The district court affirmed. Defendant appealed, arguing, inter alia, that the district court…
Date: August 11, 2015
Citation: 2015 MT 233
Docket Number: DA 14-0465
Justia Opinion Summary: Plaintiff sued Defendant, a corporation, alleging wrongful discharge, negligent infliction of emotional distress, and defamation after his employment was terminated. The district court granted Defendant’s motion to…
Date: August 11, 2015
Citation: 2015 MT 231
Docket Number: DA 14-0669
Justia Opinion Summary: Mother and Father were the biological parents of two minor children. After the parents were divorced in Colorado, Mother moved to Montana with the children and registered the Colorado judgment in a Montana district…
Date: August 11, 2015
Citation: 2015 MT 239
Docket Number: DA 14-0803
Justia Opinion Summary: Bridgett Noland suffered severe injuries in an accident in Utah when the bicycle she was riding collided with a truck. Bridgett’s parents, the Nolands, owned Flathead Janitorial & Rug Services, Inc. Flathead Janitorial…
Date: August 11, 2015
Citation: 2015 MT 228
Docket Number: DA 15-0049
Justia Opinion Summary: Father and Mother, who were never married, had a daughter. Following the end of their relationship, the parties co-parented the child for a period of time before executing a stipulated final parenting plan and…
Date: August 11, 2015
Citation: 2015 MT 229
Docket Number: DA 15-0092
Justia Opinion Summary: After a hearing, the district court terminated Mother’s parental rights to her child, finding that Mother had subjected the child to aggravated circumstances and that Mother had failed to comply with her treatment plan,…
Date: August 5, 2015
Citation: 2015 MT 227
Docket Number: DA 14-0615
Justia Opinion Summary: Defendant pleaded guilty to one count of criminal endangerment and one count of assaulting a peace officer. Before the sentencing hearing, Defendant filed a motion to dismiss for lack of a speedy trial. The district…
Date: August 4, 2015
Citation: 2015 MT 226
Docket Number: DA 13-0577
Justia Opinion Summary: At dispute in this case was a home inspection Don Hall performed of a home purchased by Gregory Hall. Gregory brought this action against Don, the seller of the home, and two real estate brokers, alleging that Defendants…
Date: August 4, 2015
Citation: 2015 MT 221
Docket Number: DA 14-0280
Justia Opinion Summary: After a bench trial, Defendant was found guilty of driving under the influence (DUI) per se, fourth-offense, a felony. Before sentencing, Defendant moved to dismiss the felony DUI charge or, alternatively, to amend the…
Date: August 4, 2015
Citation: 2015 MT 222
Docket Number: DA 14-0375
Justia Opinion Summary: In 2009, Carol McClue was involved in a serious car accident. At the time of the accident, Carol had underinsured motorist (UIM) insurance coverage through Safeco Insurance Company of Illinois. In 2011, Carol was…
Date: August 4, 2015
Citation: 2015 MT 225
Docket Number: DA 14-0602
Justia Opinion Summary: The predecessor in interest to dck Worldwide Holdings, Inc. (together, Worldwide) entered into a contract with Spanish Peaks Lodge, LLC to serve as the general contractor for for a construction project. Spanish Peaks…
Date: August 4, 2015
Citation: 2015 MT 220
Docket Number: DA 14-0716
Justia Opinion Summary: In 2014, the Montana Commissioner of Political Practices (COPP) issued a decision finding sufficient evidence that Terry Bannan had violated Montana’s campaign practices laws during the 2010 primary election and that…
Date: July 30, 2015
Citation: 2015 MT 218
Docket Number: DA 14-0089
Justia Opinion Summary: In 2011, the Legislature enacted the Montana 24/7 Sobriety Program Act, which permits a court, as a condition of pretrial release of an individual accused of a drunk driving offense, to require the individual to submit…
Date: July 29, 2015
Citation: 2015 MT 217
Docket Number: DA 14-0567
Justia Opinion Summary: At dispute in this case was the Crow Water Compact - an agreement among the United States, the Crow Tribe, and the State - which recognizes a Tribal Water Right of the Crow Tribe and its members in a number of sources of…
Date: July 28, 2015
Citation: 2015 MT 211N
Docket Number: DA 14-0490
Date: July 28, 2015
Citation: 2015 MT 208
Docket Number: DA 14-0556
Justia Opinion Summary: Farmers Cooperative Canal Company (FCCC) was incorporated in 1897 for the purpose of appropriating, transporting, and using irrigation water from the Teton River. FCCC acquired two water rights with priority dates of…
Date: July 28, 2015
Citation: 2015 MT 209
Docket Number: DA 14-0582
Justia Opinion Summary: Robert and Tina George filed a complaint against Curtis and Jean Bowler arising from injuries Robert sustained on Defendants’ property. Robert was employed as a warehouse manager for Carpets Plus when he was injured.…
Date: July 28, 2015
Citation: 2015 MT 215
Docket Number: DA 14-0615
Justia Opinion Summary: In 2013, Defendant was charged with five counts of felony criminal endangerment and two counts of felony assault on a peace officer. Defendant later pleaded guilty to the charges. In 2014, the State filed a motion asking…
Date: July 28, 2015
Citation: 2015 MT 212N
Docket Number: DA 14-0667
Date: July 28, 2015
Citation: 2015 MT 216
Docket Number: DA 14-0699
Justia Opinion Summary: In 2013, the Montana Commissioner of Political Practices (COPP) issued a decision finding sufficient evidence that Ronald Murray had violated Montana’s campaign practices laws during the 2010 primary election and that…
Date: July 22, 2015
Citation: 2015 MT 203
Docket Number: DA 14-0401
Justia Opinion Summary: After a hearing, the district court committed E.A.L., who had been diagnosed with schizophrenia and antisocial personality traits, to the Montana State Hospital for ninety days. The Supreme Court affirmed, holding (1)…
Date: July 21, 2015
Citation: 2015 MT 202
Docket Number: DA 13-0020
Justia Opinion Summary: After a jury trial, Defendant was convicted of felony robbery. Defendant appealed, arguing, among other things, that he was subject to pretrial punishment in violation of his due process rights as a result of a district…
Date: July 21, 2015
Citation: 2015 MT 204
Docket Number: DA 14-0649
Justia Opinion Summary: When Donna Anderson failed to pay taxes assessed for her property, the Carbon County Treasurer (Treasurer) conducted a tax lien sale for the property. The County acquired the property when the tax lien failed to sell.…
Date: July 14, 2015
Citation: 2015 MT 200
Docket Number: DA 13-0285
Justia Opinion Summary: Defendant was found guilty of two counts of deliberate homicide. The presentence investigation report (PSI) recommended that Defendant be given two consecutive 100-year sentences and that the cost of appointed counsel be…
Date: July 14, 2015
Citation: 2015 MT 195
Docket Number: DA 14-0158
Justia Opinion Summary: After a jury trial, the justice court convicted Defendant of the offense of acting as an outfitter without a license. The Supreme Court reversed and remanded for a new trial, holding that the justice court (1) abused its…
Date: July 14, 2015
Citation: 2015 MT 201
Docket Number: DA 14-0354
Justia Opinion Summary: At issue in this case was an easement created by a 1977 real estate Easement Agreement (Agreement). Pursuant to the Agreement, the Grantees installed a pipeline on the Grantor’s property. A new ditch was dug to connect…
Date: July 14, 2015
Citation: 2015 MT 199
Docket Number: DA 14-0726
Justia Opinion Summary: While in the course and scope of his employment with Employer, Plaintiff suffered serious injuries. Plaintiff recovered workers’ compensation insurance benefits in the amount of $207,147. Plaintiff subsequently brought…
Date: July 14, 2015
Citation: 2015 MT 196
Docket Number: DA 14-0759
Justia Opinion Summary: Jim Hein hired John Sott and his companies (collectively, Sott) to construct a log home for him and then, later, an addition to the home. Hein eventually filed a complaint against Sott alleging negligence, negligent…
Date: July 7, 2015
Citation: 2015 MT 194
Docket Number: DA 14-0464
Justia Opinion Summary: Plaintiffs were laborers who worked on the construction and rehabilitation of two multi-family housing projects. Plaintiffs filed this wage and hour action and moved for certification of a proposed class including all…
Date: July 7, 2015
Citation: 2015 MT 193
Docket Number: DA 14-0728
Justia Opinion Summary: Julie filed with the district court a dissolution petition that included a marital asset distribution proposal in which William would be awarded ownership of the couple’s real property on Hobson Street in Butte, Montana.…
Date: July 1, 2015
Citation: 2015 MT 192
Docket Number: DA 14-0113
Justia Opinion Summary: The Butte Local Development Corporation (BLDC) filed a complaint against Masters Group International alleging that Masters had failed to pay its obligations under a loan agreement, as modified. Masters filed a…
Date: June 30, 2015
Citation: 2015 MT 187
Docket Number: DA 13-0490
Justia Opinion Summary: After a jury trial, Defendant was convicted of assault with a weapon and partner or family member assault. During the trial, the prosecution sought to admit portions of a transcript from a civil order of protection…
Date: June 30, 2015
Citation: 2015 MT 184
Docket Number: DA 13-0509
Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual assault, sexual intercourse without consent, and indecent exposure for his criminal conduct with A.B. and K.S. The Supreme Court affirmed in part, reversed in part,…
Date: June 30, 2015
Citation: 2015 MT 178
Docket Number: DA 13-0866
Justia Opinion Summary: A.D.T. was adjudicated as a delinquent youth and juvenile offender. A.D.T. was later transferred to district court pursuant to Mont. Code Ann. 41-5-208 for supervision by the Department of Corrections when he reached his…
Date: June 30, 2015
Citation: 2015 MT 183
Docket Number: DA 14-0442
Justia Opinion Summary: This dispute arose out of the interpretation of the covenants and bylaws of the Bridger Creek Subdivision Community Association. Bill Beebe, as co-trustee of his wife’s trust, which owned a home in the subdivision, filed…
Date: June 30, 2015
Citation: 2015 MT 182
Docket Number: DA 14-0605
Justia Opinion Summary: In this action, the surviving children of the decedent disputed both the informal probate process brought by their stepfather as well as the validity of a 1997 will that devised to the stepfather all of the mineral…
Date: June 30, 2015
Citation: 2015 MT 181
Docket Number: DA 14-0687
Justia Opinion Summary: The Missoula Chief of Police instituted this proceeding seeking forfeiture of a Hummer on the ground that it was involved in unlawful drug transactions. The Missoula Police determined that Marie Felton was the sham owner…
Date: June 30, 2015
Citation: 2015 MT 180
Docket Number: DA 14-0688
Justia Opinion Summary: Missoula Police took into custody Bobby Bilderback, who was wanted in connection with a homicide case, and seized his Hummer vehicle. Missoula officers searched the Hummer pursuant to a warrant and found over $36,000 in…
Date: June 30, 2015
Citation: 2015 MT 185
Docket Number: DA 14-0751
Justia Opinion Summary: Bottrell Family Investments Limited Partnership and Defendants entered into a contract providing that Defendants would buy Bottrell’s interest in an LLC. Defendants failed to close and forfeited their share to Bottrell…
Date: June 30, 2015
Citation: 2015 MT 186
Docket Number: DA 14-0795
Justia Opinion Summary: Montana Health Network, Inc. (MHN), which maintains the Montana Health Network Health Insurance Plan & Trust (the Plan), and Great Falls Orthopedic Associates (GFOA) executed a document (the Adoption Agreement) under…
Date: June 24, 2015
Citation: 2015 MT 177
Docket Number: DA 13-0461
Justia Opinion Summary: A police officer stopped Defendant’s car after recognizing him as a person who had a suspended driver’s license. The officer placed Defendant under arrest and conducted a pat-down search leading to the discovery of a…
Date: June 23, 2015
Citation: 2015 MT 167
Docket Number: DA 14-0100
Justia Opinion Summary: Plaintiff was injured while working as a switchman/brakeman for BNSF Railway Company. Plaintiff later brought this action against BNSF under the Federal Employers’ Liability Act (FELA) alleging negligence. The jury…
Date: June 23, 2015
Citation: 2015 MT 168
Docket Number: DA 14-0619
Justia Opinion Summary: Plaintiff was a candidate in 2010 for the State Senate in Senate District 31, which included all of Park County and most of Sweet Grass County. The Commissioner of Political Practices filed a civil enforcement action…
Date: June 23, 2015
Citation: 2015 MT 165
Docket Number: DA 14-0686
Justia Opinion Summary: F.H. Stoltze Land & Lumber Company and Maxum Specialty Insurance Group (collectively, “Stoltze”) and Les Schlegel Enterprises (“Schlegel”) contracted for Schlegel to log Stoltze’s property. Schlegel obtained liability…
Date: June 23, 2015
Citation: 2015 MT 166
Docket Number: DA 14-0752
Justia Opinion Summary: Mark Runkle and TAGS Realty, LLC were the locators of several adjacent and overlapping mining claims. This case concerned a pile of mining waste that was located on both Runkle’s and TAGS’s claims. The mining waste…
Date: June 16, 2015
Citation: 2015 MT 162
Docket Number: DA 14-0183
Justia Opinion Summary: Fay Posnien, an exclusive agent for Allstate incorporated as Posnien Inc. sold the agency to Baird 7. Baird 7 subsequently executed an exclusive agency agreement with Allstate. The agency was successful following the…
Date: June 16, 2015
Citation: 2015 MT 160
Docket Number: DA 14-0316
Justia Opinion Summary: Cody McDonald was injured while working on the construction of a building. RTK Construction, Inc. hired Ponderosa Enterprises Inc. to frame the building, and Ponderosa hired McDonald as an independent contractor to…
Date: June 16, 2015
Citation: 2015 MT 161
Docket Number: DA 14-0397
Justia Opinion Summary: A licensed social worker informed the Department of Public Health and Human Services that Mother was psychologically abusing her two girls. After investigating the report, the Department removed the girls from Mother’s…
Date: June 11, 2015
Citation: 2015 MT 159
Docket Number: DA 14-0353
Justia Opinion Summary: Defendant failed to yield while making a left turn and collided with a motorcycle. The driver of the motorcycle and his passenger (together, the Boots) suffered injuries as result of the accident. Defendant pleaded…
Date: June 10, 2015
Citation: 2015 MT 158
Docket Number: DA 14-0552
Justia Opinion Summary: Plaintiff’s position of employment with the Emergency Services Division of the State of Montana Department of Military Affairs was eliminated during implementation of the Division’s reduction-in-force policy. After her…
Date: June 9, 2015
Citation: 2015 MT 157
Docket Number: DA 14-0352
Justia Opinion Summary: After he crashed a truck into a light post Defendant was arrested for driving under the influence (DUI). Defendant consented to a blood draw for toxicological testing, which revealed that his blood contained 6.2 mcg/ml…
Date: June 2, 2015
Citation: 2015 MT 150
Docket Number: DA 14-0523
Justia Opinion Summary: During Plaintiff’s marriage dissolution proceedings, Nancy Smith served as guardian ad litem for Plaintiff’s children. After Plaintiff stopped paying bills to Smith, Smith assigned the unpaid bills to Collection…
Date: June 2, 2015
Citation: 2015 MT 151
Docket Number: DA 14-0767
Justia Opinion Summary: Defendant pleaded guilty to two counts of felony sexual assault. This appeal concerned Defendant’s motion to vacate his conviction and dismiss the charges. In his motion Defendant claimed that the district court lacked…
Date: May 29, 2015
Citation: 2015 MT 148
Docket Number: DA 14-0257
Justia Opinion Summary: Plaintiff, a machinist employed by the BNSF Railway Company (BNSF), brought this action against BNSF alleging negligence under the Federal Employers’ Liability Act (FELA). After his lawsuit was filed, Plaintiff requested…
Date: May 29, 2015
Citation: 2015 MT 149
Docket Number: OP 14-0412
Justia Opinion Summary: GTL, Inc. filed suit against John Greytak and Tanglewood Investors Limited Partnership (collectively, Greytak) for non-payment of an obligation arising from a construction project. GTL was insured by Atlantic Casualty…
Date: May 26, 2015
Citation: 2015 MT 147
Docket Number: DA 13-0175
Justia Opinion Summary: Defendant was charged with two counts of attempted deliberate homicide. Before trial, Defendant moved to suppress statements he made while in custody, arguing that he was never informed of his right to remain silent and…
Date: May 26, 2015
Citation: 2015 MT 146
Docket Number: DA 14-0125
Justia Opinion Summary: M.K.S., who had a long history of treatment for schizophrenia and other mental health illnesses, was regularly subject to community commitments and hospitalizations. In 2013, M.K.S. stipulated to a six-month community…
Date: May 26, 2015
Citation: 2015 MT 141
Docket Number: DA 14-0332
Justia Opinion Summary: Marian Davis lost control of her vehicle and struck a vehicle driven by Amy Locke. At the time of the accident, Davis was insured by Safeco Insurance Company under a policy with a $100,000 per person coverage. Davis died…
Date: May 26, 2015
Citation: 2015 MT 142
Docket Number: DA 14-0520
Justia Opinion Summary: Appellants were the owners of multi-unit apartment buildings located in Montana and the property management companies that managed Owners’ apartment complexes during the time relevant to this suit. Appellees were current…
Date: May 26, 2015
Citation: 2015 MT 143
Docket Number: DA 14-0683
Justia Opinion Summary: Plaintiff was a veteran suffered from service-connected physical conditions, including a seizure disorder, and he had a service dog that alerted him to oncoming seizures. When staff at the C’Mon Inn, a hotel in Bozeman,…
Date: May 20, 2015
Citation: 2015 MT 140
Docket Number: DA 13-0644
Justia Opinion Summary: Central United Life Insurance Co. (CULI) purchased Judith Gleason’s cancer benefit insurance policy prior to Gleason’s death from breast cancer. Gleason’s Estate submitted notice of potential claims under the policy to…
Date: May 19, 2015
Citation: 2015 MT 133
Docket Number: DA 13-0777
Justia Opinion Summary: Appellant pleaded guilty to the charge of deliberate homicide. After the matter had been set for sentencing, Appellant sought the appointment of new counsel and also filed a motion for withdrawal of his guilty plea. The…
Date: May 19, 2015
Citation: 2015 MT 139
Docket Number: DA 14-0309
Justia Opinion Summary: Casey Kent, an adult, died from a head injury he suffered after falling while skateboarding in a residential planned unit development in Columbia Falls, Montana known as Cedar Point Estates. Casey was skateboarding along…
Date: May 19, 2015
Citation: 2015 MT 132
Docket Number: DA 14-0394
Justia Opinion Summary: Violet Quirin died in 2011. Prior to her death, Quirin had executed three wills in 2005, 2007, and 2010. In the first two wills Quirin divided her property equally between her two surviving daughters. However, in the…
Date: May 19, 2015
Citation: 2015 MT 131
Docket Number: DA 14-0505
Justia Opinion Summary: Catherine E.W. Hansen Trust (Hansen Trust), which was issued a tax lien and a tax deed on certain property, filed a complaint to quiet title to the tax deed. The district court granted summary judgment for Hansen Trust…
Date: May 13, 2015
Citation: 2015 MT 130
Docket Number: OP 14-0786
Justia Opinion Summary: Judy Meek died after a fall at a business premises. Sharon Meek, as personal representative of Judy’s Estate (Meek), sued the business where the fall happened seeking damages for survival and wrongful death. The issue in…
Date: May 12, 2015
Citation: 2015 MT 127
Docket Number: DA 14-0380
Justia Opinion Summary: After receiving treatment from St. Peter’s Hospital, Plaintiff filed suit alleging that the Hospital violated Montana anti-trust laws and the Montana Constitution by discriminating against her based on her lack of health…
Date: May 5, 2015
Citation: 2015 MT 119
Docket Number: DA 14-0454
Justia Opinion Summary: The Montana Public Service Commission determined that Whitehall Wind, LLC had not established a legally enforceable obligation during contract negotiations with NorthWestern Energy for the sale and purchase of electric…
Date: May 5, 2015
Citation: 2015 MT 120
Docket Number: DA 14-0492
Justia Opinion Summary: Petitioner was stopped for crossing the center line of a road with his vehicle. When Petitioner refused to perform a breath alcohol test he was arrested for driving under the influence of alcohol or drugs. Petitioner’s…
Date: May 5, 2015
Citation: 2015 MT 121
Docket Number: DA 14-0555
Justia Opinion Summary: Mother and Father were married in Canada in 2010 and moved to Montana in 2013. Later that year, Mother and the parties’ child travelled to Canada and stayed there into 2014. Father filed a petition for dissolution with…
Date: May 5, 2015
Citation: 2015 MT 118
Docket Number: OP 14-0685
Justia Opinion Summary: After a jury trial in 1984, Defendant was convicted of deliberate homicide for a crime committed when Defendant was seventeen. The district court imposed the maximum sentence of one hundred years’ imprisonment without…
Date: April 28, 2015
Citation: 2015 MT 113
Docket Number: DA 14-0085
Justia Opinion Summary: After Karrie Lynn Serrania went to Discovery Dental Group, PLLC (DDG) for a toothache, DDG referred her account to LPH, Inc., a debt collection agency. Serrania later sued LPH and DDC, alleging, among other claims, that…
Date: April 28, 2015
Citation: 2015 MT 112
Docket Number: DA 14-0090
Justia Opinion Summary: In 2009, the Supreme Court issued its opinion in Baxter v. State, in which it held that a terminally ill patient’s consent to physician aid in dying constitutes a statutory defense to a charge of homicide against the…
Date: April 28, 2015
Citation: 2015 MT 116
Docket Number: DA 14-0348
Justia Opinion Summary: In 2014, the Department of Public Health and Human Services (Department) filed a petition for termination of Father’s parental rights to his two children. After a termination hearing, the district court determined that…
Date: April 28, 2015
Citation: 2015 MT 115
Docket Number: DA 14-0374
Justia Opinion Summary: In 2009, the Montana Department of Revenue (Department) began the process of reappraising Montana agricultural properties. In 2010, Petitioners filed a petition for declaratory judgment and writ of mandate seeking a…
Date: April 28, 2015
Citation: 2015 MT 111
Docket Number: DA 14-0515
Justia Opinion Summary: Kimberlee Johnson, who owned a home adjacent to a home owned by Travis and Misty Knapton, leased the downstairs portion of her home to Daniel and Cheryl Monk. At the time of the lease, Johnson knew that the Monks’ dogs…
Date: April 28, 2015
Citation: 2015 MT 117
Docket Number: DA 14-0570
Justia Opinion Summary: After a hearing, the district court entered an order terminating Appellant’s rights to her four children. The court found that termination was appropriate because the children were previously adjudicated youths in need…
Date: April 28, 2015
Citation: 2015 MT 117
Docket Number: DA 14-0570
Justia Opinion Summary: In 2014, the Department of Health and Human Services petitioned the district court to terminate Mother’s parental rights to her four children. After a hearing, the district court issued its findings of fact, conclusions…
Date: April 21, 2015
Citation: 2015 MT 108
Docket Number: DA 14-0087
Justia Opinion Summary: Defendant was convicted of failing to register as a sex offender and and theft was sentenced to a net sentence of ten years in the Montana State Prison with five years suspended. Defendant appealed, arguing that the…
Date: April 21, 2015
Citation: 2015 MT 110
Docket Number: DA 14-0392
Justia Opinion Summary: In 2011, Wife filed a petition for dissolution of marriage. While the case was pending, the parties entered into an interim support agreement (ISA), in which the parties settled all maintenance and support issues. After…
Date: April 21, 2015
Citation: 2015 MT 109
Docket Number: DA 14-0398
Justia Opinion Summary: After initiating a traffic stop of the vehicle Appellant was driving, the deputy administered a preliminary breath test to Appellant, which reported an elevated blood alcohol concentration. Appellant was arrested for…
Date: April 17, 2015
Citation: 2015 MT 107
Docket Number: DA 14-0405
Justia Opinion Summary: Mother and Father had a son. Plaintiffs in this case were the child’s paternal grandparents (“Grandparents”). When Mother and Father separated, the child began living with Mother. Grandparents filed a petition under…
Date: April 14, 2015
Citation: 2015 MT 103
Docket Number: DA 13-0352
Justia Opinion Summary: Defendant was charged with criminal possession of dangerous drugs in violation of Mont. Code Ann. 45-9-102. Defendant moved to suppress the evidence resulting from the search of her purse by police officers, arguing that…
Date: April 14, 2015
Citation: 2015 MT 101
Docket Number: DA 13-0726
Justia Opinion Summary: After a trial, Defendant was found guilty of two counts of assault on a peace officer or judicial officer, in violation of Mont. Code Ann. 45-5-210(1)(b). Defendant appealed, arguing that the district court erred by…
Date: April 14, 2015
Citation: 2015 MT 101
Docket Number: DA 13-0726
Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of assault on a peace officer or judicial officer. Defendant appealed, arguing that the district court erred by failing to instruct the jury that the State was…
Date: April 14, 2015
Citation: 2015 MT 100
Docket Number: DA 14-0267
Justia Opinion Summary: Plaintiff sought a thirty-year residential financing loan from the predecessor to U.S. Bank in the amount of $300,000. Three years later, Plaintiff filed suit against U.S. Bank alleging that the Bank committed fraud by…
Date: April 14, 2015
Citation: 2015 MT 102
Docket Number: DA 14-0458
Justia Opinion Summary: For tax year 2004, the State of Montana, Department of Revenue (DOR) centrally assessed property owned by Omimex Canada Ltd. and classified it under class nine. Omimex contested the assessment, claiming that it did not…
Date: April 7, 2015
Citation: 2015 MT 98
Docket Number: DA 14-0563
Justia Opinion Summary: After a bench trial, Defendant was found guilty of driving under the influence of alcohol or drugs. Defendant appealed, challenging the admission of a report from the State Forensic Science Division. Defendant appealed,…
Date: March 31, 2015
Citation: 2015 MT 94
Docket Number: DA 14-0242
Justia Opinion Summary: After a jury trial, Defendant was convicted of criminal mischief and cruelty to animals for fatally shooting a family dog.The district court ordered that Defendant to pay the entire $9,357 claimed by the family in…
Date: March 31, 2015
Citation: 2015 MT 95
Docket Number: DA 14-0473
Justia Opinion Summary: Valerie Addis left her position as supervisor of food services with the Missoula County Public Schools (Schools) after the Schools conducted an investigation of Addis into whether she had engaged in fraudulent or illegal…
Date: March 24, 2015
Citation: 2015 MT 91
Docket Number: DA 14-0034
Justia Opinion Summary: Defendant was convicted for failure to register as a securities salesperson, failure to register a security, and fraudulent practices, all felonies. The district court sentenced him to three concurrent ten-year sentences…
Date: March 24, 2015
Citation: 2015 MT 90
Docket Number: DA 14-0455
Justia Opinion Summary: In 2000, the marriage of Brenda Cadena and Kevin Fries was dissolved. The order approved a settlement agreement that Cadena and Fries had previously entered into that provided that Fries’ Western Conference of Teamsters…
Date: March 24, 2015
Citation: 2015 MT 92
Docket Number: DA 14-0483
Justia Opinion Summary: John Stokes appealed the judgment against him in a defamation case and retained attorney Greg Duncan to advise him on how to maintain his appeal while discharging his obligation in bankruptcy. After Duncan filed a…
Date: March 17, 2015
Citation: 2015 MT 84
Docket Number: DA 14-0018
Justia Opinion Summary: Plaintiff sued Defendant for negligence after the parties were involved in a car crash. During discovery, Plaintiff asked Defendant to admit violating certain traffic laws on the day of the crash. Defendant denied the…
Date: March 17, 2015
Citation: 2015 MT 81
Docket Number: DA 14-0098
Justia Opinion Summary: In 2008, Allen Ginn was injured while delivering a truck load of logs to a mill owned by Smurfit Stone Container Enterprises, Inc. In 2009, Smurfit filed voluntary petitions for bankruptcy relief under Chapter 11. In…
Date: March 17, 2015
Citation: 2015 MT 82
Docket Number: DA 14-0152
Justia Opinion Summary: Plaintiff, a Montana corporation, sells workers’ compensation insurance to employers without the use of insurance agencies. Defendant Montana State Fund sells workers’ compensation insurance through in-house and…
Date: March 17, 2015
Citation: 2015 MT 83
Docket Number: DA 14-0530
Justia Opinion Summary: Defendant was convicted in justice court of misdemeanor driving under the influence, first offense. Defendant appealed to the district court and moved to exclude the results of his breath sample taken using an…
Date: March 10, 2015
Citation: 2015 MT 77
Docket Number: DA 14-0199
Justia Opinion Summary: This action involved a dispute arising from the construction of a large house. Interstate Mechanical, Inc. initiated an arbitration action to recover payments it claimed as a result of its work on the house project.…
Date: March 10, 2015
Citation: 2015 MT 75
Docket Number: DA 14-0225
Justia Opinion Summary: After a hearing held on the second petition filed by the Department of Public Health and Human Services for termination of Mother’s parental rights, the district court terminated Mother’s parental rights to her three…
Date: March 10, 2015
Citation: 2015 MT 76
Docket Number: DA 14-0440
Justia Opinion Summary: At issue in this case was Jeff Shannon’s use of an easement crossing the northwest corner of property owned by Walter and Nereida Woods. When Shannon informed the Woodses that he intended to construct a driveway on the…
Date: March 3, 2015
Citation: 2015 MT 70
Docket Number: DA 13-0751
Justia Opinion Summary: Defendant pled no contest to the charge of possession of dangerous drugs with intent to distribute, reserving his right to appeal the denial of his motion to suppress and from the final judgment ordering him to pay the…
Date: March 3, 2015
Citation: 2015 MT 68
Docket Number: DA 14-0331
Justia Opinion Summary: Oliver Arlington, who worked for Miller’s Trucking for one year, claimed he was owed wages in accordance with a verbal employment agreement and was also owed unpaid overtime wages. On remand, a hearing officer with the…
Date: March 3, 2015
Citation: 2015 MT 69
Docket Number: DA 14-0333
Justia Opinion Summary: The City of Bozeman dismissed Robert Chase, a building inspector, and Chase claimed that the dismissal was improper. The Montana Public Employees’ Association (MPEA) gave notice to the City Manager of its decision to…
Date: February 24, 2015
Citation: 2015 MT 58
Docket Number: DA 13-0704
Justia Opinion Summary: Missoula County Sheriff’s Department (MCSD) deputies accompanied Christine Robutka to a rural property to assist with a civil standby while Robutka removed her belongings from the property. Robutka had been sharing a…
Date: February 24, 2015
Citation: 2015 MT 56
Docket Number: DA 13-0775
Justia Opinion Summary: Fire Insurance Exchange (FIE) insured Defendant’s home in Clancy, Montana. When Defendant’s home was broken into and robbed, Defendant made a claim under her homeowner’s policy. FIE paid Defendant $22,602, representing…
Date: February 24, 2015
Citation: 2015 MT 52
Docket Number: DA 14-0014
Justia Opinion Summary: At issue in this case were smoking structures built by the owners and operators of two casinos in Great Falls (“Casino Owners”). After the Cascade City-County Board of Health (Board) commenced enforcement steps against…
Date: February 24, 2015
Citation: 2015 MT 57
Docket Number: DA 14-0160
Justia Opinion Summary: In 2012, M.C. was born to Mother and Father, who were unmarried. After Mother told Father that she intended to live in Ohio with M.C., Father petitioned the district court for establishment of a parenting plan, proposing…
Date: February 24, 2015
Citation: 2015 MT 67
Docket Number: DA 14-0200
Justia Opinion Summary: Defendant was charged with aggravated assault, criminal mischief, and elder abuse for his conduct during one incident. Defendant filed a pretrial motion requesting that the court order the State to elect between…
Date: February 24, 2015
Citation: 2015 MT 54
Docket Number: DA 14-0310
Justia Opinion Summary: Dennis Lawlor died the day after executing a will (“Will”). Dennis was survived by three of his siblings, Antoinette, Mary, and John Lawlor. An additional sibling predeceased Dennis, but that sibling’s daughter, Audrey,…
Date: February 24, 2015
Citation: 2015 MT 54
Docket Number: DA 14-0310
Justia Opinion Summary: This action concerned the Will of Dennis Lawlor, who died in 2012. Audrey and John Stoican filed a complaint contesting the Will, claiming, inter alia, that Dennis lacked testamentary capacity at the time the Will was…
Date: February 24, 2015
Citation: 2015 MT 59N
Docket Number: DA 14-0328
Date: February 24, 2015
Citation: 2015 MT 66N
Docket Number: DA 14-0359
Date: February 24, 2015
Citation: 2015 MT 62N
Docket Number: DA 14-0420
Date: February 24, 2015
Citation: 2015 MT 55
Docket Number: DA 14-0562
Justia Opinion Summary: In the process of hiring a new city manager, the City Commission of the City of Polson held a closed executive session with the description, “Personnel-meet with interview panels and deliberate on selection of city…
Date: February 23, 2015
Citation: 2015 MT 51
Docket Number: DA 14-0052
Justia Opinion Summary: After a jury trial, Defendant was found guilty of sexual intercourse without consent. Based upon the post-trial statements of the alleged victim, Defendant filed a request for a new trial. The district court denied the…
Date: February 18, 2015
Citation: 2007 MT 334
Docket Number: AF 07-0016
Date: February 17, 2015
Citation: 2015 MT 42
Docket Number: DA 14-0342
Justia Opinion Summary: Don O’Mailia was hired by to install a water heater on the premises of a newly-constructed Famous Dave’s barbecue restaurant. At the time, O’Mailia was covered by a commercial general liability policy issued by Truck…
Date: February 17, 2015
Citation: 2015 MT 48
Docket Number: DA 14-0400
Justia Opinion Summary: Defendant pled guilty to criminal trespass and theft. The district court revoked a suspended sentence Defendant had received from an earlier conviction and committed him to the Department of Corrections for five years,…
Date: February 17, 2015
Citation: 2015 MT 43
Docket Number: DA 14-0402
Justia Opinion Summary: I.T., an infant, was adjudged a youth in need of care and was placed in foster care. The district court ordered that the Department of Public Health and Human Services did not need to provide preservation or…
Date: February 10, 2015
Citations: 2014 MT 342, 2014 MT 342A
Docket Number: DA 12-0742
Date: February 10, 2015
Citation: 2015 MT 39
Docket Numbers: DA 13-0572, DA 13-0572
Date: February 10, 2015
Citation: 2015 MT 39
Docket Number: DA 13-0572
Justia Opinion Summary: On March 5, 2012, Appellant was charged with bail jumping. On April 19, 2012, Appellant pleaded guilty to the offense. On June 27, 2013, Appellant was sentenced for bail jumping. Appellant appealed the judgment of…
Date: February 10, 2015
Citation: 2015 MT 39
Docket Numbers: DA 13-0572, DA 13-0572
Date: February 10, 2015
Citation: 2015 MT 40
Docket Number: DA 14-0041
Justia Opinion Summary: On December 24, 2013, the State filed a petition for commitment against B.O.T. After a hearing, the district court ordered B.O.T. committed to the Montana State Hospital for ninety days and that medication could be…
Date: February 10, 2015
Citation: 2015 MT 41
Docket Number: DA 14-0076
Justia Opinion Summary: The Montana Department of Public Health and Human Services filed a petition for emergency protective services for seven-year-old H.T., alleging drug use by Mother and domestic violence between Mother and her boyfriend.…
Date: February 10, 2015
Citation: 2015 MT 38
Docket Number: DA 14-0133
Justia Opinion Summary: During a highway paving project a storm caused recently applied primer to emulsify in rainwater. The oil splashed onto passing vehicles, causing damage. The vehicle owners brought claims against the State, which the…
Date: February 10, 2015
Citation: 2015 MT 37
Docket Number: DA 14-0312
Justia Opinion Summary: Lisa Bailey, a fifty-one-year old who was considered morbidly obese, requested, through her physician, Medicaid authorization for gastric bypass surgery. The Montana Department of Public Health and Human Services…
Date: February 3, 2015
Citation: 2015 MT 31
Docket Number: DA 14-0110
Justia Opinion Summary: Plaintiffs here challenged the constitutionality of two laws: a 2011 law requiring a parental notification before a minor may obtain an abortion, and a 2013 law requiring parental consent before a minor may obtain an…
Date: February 3, 2015
Citation: 2015 MT 30
Docket Number: DA 14-0355
Justia Opinion Summary: This case concerned a wall that Defendants constructed near a border shared by property owned by Plaintiffs, owners of lots in a subdivision. Plaintiffs sued Defendants claiming that the wall was constructed in violation…
Date: February 3, 2015
Citation: 2015 MT 29
Docket Number: DA 14-0418
Justia Opinion Summary: Mother and Father divorced in 2012. The parties’ child, B.W., moved with Mother to Washington. Father later filed a motion for modification of the parenting plan requesting primary residential custody of B.W. The parties…
Date: January 27, 2015
Citation: 2015 MT 20
Docket Number: DA 13-0322
Justia Opinion Summary: Defendant pleaded guilty to fraudulently obtaining dangerous drugs. The district court stayed sentencing until Defendant completed a twelve-month drug and alcohol addiction treatment program. After completing the…
Date: January 27, 2015
Citation: 2015 MT 18
Docket Number: DA 14-0013
Justia Opinion Summary: The Milky Whey, Inc., a dairy broker based in Montana, bought products from Dairy Partners, LLC, a dairy supply company located in Minnesota. This appeal concerned Milky Whey’s purchase of a product from Dairy Partners…
Date: January 27, 2015
Citation: 2015 MT 21
Docket Number: DA 14-0136
Justia Opinion Summary: Plaintiffs - three generations of the Meine family - filed this action against Defendants - a small corporation operated by family members - seeking a determination that they held a prescriptive easement over a road…
Date: January 27, 2015
Citation: 2015 MT 27N
Docket Number: DA 14-0261
Date: January 27, 2015
Citation: 2015 MT 28
Docket Number: DA 14-0262
Justia Opinion Summary: Mother was the birth mother of L.M.F. and J.A.B. Father was the birth father of J.A.B. Due to Mother’s and Father’s drug use, the Department filed a petition for termination of Mother and Father’s parental rights with…
Date: January 27, 2015
Citation: 2015 MT 26N
Docket Number: DA 14-0322
Date: January 27, 2015
Citation: 2015 MT 19
Docket Number: DA 14-0460
Justia Opinion Summary: S.C.B. was born in 2006 to Father and Mother. In 2014, Grandmother filed a petition in Flathead County seeking to establish a parenting plan in which she would be designated as S.C.B.’s primary care giver. Grandmother…
Date: January 20, 2015
Citation: 2015 MT 14
Docket Number: DA 14-0072
Justia Opinion Summary: In 2009, the municipal court granted the petition filed by the mother of A.L. for an order of protection restraining Defendant from being near A.L. From 2009 until 2012, A.L. received counseling for alleged sexual abuse…
Date: January 20, 2015
Citation: 2015 MT 15
Docket Number: DA 14-0130
Justia Opinion Summary: Defendant was arrested for driving under the influence (DUI). Defendant was arraigned on May 23, 2012, and trial was set for August 27, 2012. Defendant’s trial, however, was postponed upon his motion to vacate the…
Date: January 13, 2015
Citation: 2015 MT 9
Docket Number: DA 13-0705
Justia Opinion Summary: In 2013, the district court issued a dissolution decree dissolving the marriage of Melinda Edwards and Jim Edwards. In its decree, the court divided a marital estate valued at $2.25 million. The majority of marital…
Date: January 13, 2015
Citation: 2015 MT 7
Docket Number: DA 13-0800
Justia Opinion Summary: Gail Patton filed for dissolution of her marriage to Bill Patton. After a bench trial, the Standing Master appointed to oversee the case entered her findings of fact, conclusions of law, and final decree of dissolution.…
Date: January 13, 2015
Citation: 2015 MT 8
Docket Number: DA 14-0054
Justia Opinion Summary: Twelve days after Justin Schiller was involuntarily committed to the Montana State Hospital (MSH), Schiller was released. A few months later, Schiller killed his former girlfriend, Catherine Woods, and then himself.…
Date: January 13, 2015
Citation: 2015 MT 10
Docket Number: DA 14-0057
Justia Opinion Summary: In 2012, after auditing Cloud Peak Energy Resources, LLC’s Montana Coal Tax payments for years 2005-2007, the Department levied a deficiency assessment for additional taxes owing from sales involving non-arm’s length…
Date: January 6, 2015
Citation: 2015 MT 1
Docket Number: DA 12-0783
Justia Opinion Summary: After Defendant was discharged from prison, he was required to register as a sexual offender. The State later charged Defendant with failure to give notice of change of address. Following a jury trial, Defendant was…
Date: January 6, 2015
Citation: 2015 MT 6
Docket Number: DA 14-0165
Justia Opinion Summary: In 2012, the district court terminated Mother’s parental rights to her twins, finding that Mother had received counseling and subsequently executed a knowing and voluntary relinquishment of her rights. The Supreme Court…
Date: January 6, 2015
Citation: 2015 MT 5
Docket Number: DA 14-0277
Justia Opinion Summary: Edwin Moreau worked at the W.R. Grace mine from 1963 until 1992. Edwin died of asbestos-related lung cancer in 2009. In 2013, Transportation Insurance, W.R. Grace’s workers’ compensation insurance carrier, accepted…
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