Montana Supreme Court Decisions 2016

Justia Opinion Summary: In Montana’s ongoing water rights claims adjudication proceedings, the Bureau of Land Management (BLM) filed six water right claims related to one natural pothole and five reservoirs. The water sources were located…

Justia Opinion Summary: At issue in this case was two oral contracts entered into between Ryffel Family Partnership, Ltd. (Ryffel Partnership) and Alpine Construction (Alpine). The first agreement was entered into in January 2007, and the…

Justia Opinion Summary: Appellants attempted to execute judgments obtained against Robert Fitte in their respective underlying lawsuits by attaching the proceeds of a commercial liability policy issued to Fitte by joined party Mountain West…

Justia Opinion Summary: The parties in this case disagreed over the ownership and operation of an irrigation system on a ranch. Plaintiff filed a complaint against Defendants, arguing that Defendants had converted his property by exercising…

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony theft. Defendant was sentenced to ten years in prison. Defendant appealed, arguing, among several other arguments, that the prosecutor committed plain error requiring…

Justia Opinion Summary: Charlotte Suzor injured her knees in a workplace accident in 1982 and settled her workers’ compensation claims in 1987 with her self-insured employer, reserving the right to seek future medical benefits for ongoing…

Justia Opinion Summary: Child was adjudicated a youth in need of care. Temporary legal custody was granted to the Department of Public Health and Human Services, Child and Family Services Division, and Child was placed with Jared and Cindy…

Justia Opinion Summary: Following a trial of the marriage dissolution proceeding between Wife and Husband, a standing master issued a report with a decree of dissolution. The master awarded Wife the family home, required Husband to pay Wife…

Justia Opinion Summary: After the Cascade County Board of Commissioners terminated Stacey Bird from her position as the County’s human resources director, Bird filed a wrongful discharge claim against the County and the Board. The district…

Justia Opinion Summary: This appeal was part of an ongoing parenting and child support proceeding that has been before the district court for more than a decade. Mother and Father had a child together. In 2014, Mother and Father entered into…

Justia Opinion Summary: JEM Contracting, Inc. (JEM) and Ohio Farmers Insurance Company (OFIC) executed two indemnity agreements so that JEM could obtain bonding from OFIC for construction projects. Thereafter, OFIC executed and delivered two…

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony obstructing justice. Defendant appealed, claiming (1) the district court improperly instructed the jury regarding the “knowing” element of obstructing justice, thus…

Justia Opinion Summary: After the conclusion of a bench trial, Defendant was found guilty of aggravated driving under the influence with a breath alcohol concentration (BAC) of 0.239. Defendant appealed to the district court and filed a motion…

Justia Opinion Summary: Defendant was charged with his fifth Partner Family Member Assault (PFMA) felony for conduct occurring in 2014. The State filed a notice to classify Defendant as a persistent felony offender (PFO) based on two previous…

Justia Opinion Summary: J.W. was designated a delinquent youth and serious juvenile offender and placed on probation, subject to several conditions. On June 30, 2014, the Youth Court issued a disposition order revoking J.W.’s probation,…

Justia Opinion Summary: 623 Partners, LLC obtained a judgment against R. Larry Hunter and Larry Hunter Development Co. (collectively Larry). In its effort to satisfy the judgment, 623 Partners alleged that properly originally owned by Hunter…

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony assault with a weapon. Defendant appealed, arguing that the district court erred in instructing the jury on the affirmative defense of justifiable force use of force.…

Justia Opinion Summary: Two zoning actions were at issue in this proceeding - the “Text Amendment” and the “Map Amendment.” Citizens for a Better Flathead and Sharon DeMeester (collectively, Citizens) initiated this action challenging the Board…

Justia Opinion Summary: The Yellowstone County Attorney’s Office filed a petition to involuntarily commit R.H., who suffers from bipolar disorder and general anxiety disorder. After a hearing, the district court found that R.H. suffered from a…

Justia Opinion Summary: Less than one year after N.M.V. was born to Erin Verploegen, Dustin Cross and Verploegen began dating. Verploegen and N.M.V. later moved into Cross’s home. Cross and Verploegen broke up several years later, and…

Justia Opinion Summary: S&P Brake Supply, Inc. and STEMCO LP entered into an alleged oral contract for a five-year arrangement to produce and sell remanufactured brakes. S&P later sued STEMCO for breach of contract, among other claims, arguing…

Justia Opinion Summary: Defendant was charged with two counts of theft and two counts of deceptive practices in the City Court of Red Lodge on March 26, 2014. The court ultimately set Defendant’s jury trial for October 31, 2014, nearly one…

Justia Opinion Summary: Defendant was charged with partner or family member assault (PFMA) for physically assaulting his girlfriend. Defendant filed a motion to dismiss the PFMA charge, arguing that the statute under which he was charged…

Justia Opinion Summary: Defendant was charged with criminal possession of dangerous drugs with intent to distribute and criminal possession of dangerous drugs/opiates. Defendant moved to suppress the evidence found in his vehicle during a…

Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual intercourse without consent and sexual assault. Defendant appealed, arguing that the district court erred in denying his motion for discovery sanctions, specifically…

Justia Opinion Summary: The Dawson County Attorney petitioned for the involuntary commitment of C.V. alleging that, due to her mental disorder, she was unable to provide for her own basic needs of safety and there was an imminent threat of…

Justia Opinion Summary: Defendant was arrested and charged with felony criminal possession. The district court granted the State’s motion for a continuance and reset Defendant’s trial for a day 285 days after his arrest. Defendant filed a…

Justia Opinion Summary: Defendant was charged with driving under the influence (DUI) in violation of Mont. Code Ann. 61-8-401. Defendant filed a motion to suppress the results of a blood test taken at Marcus Daly Memorial Hospital, conceding…

Justia Opinion Summary: The district court terminated Mother’s parental rights to one of her three children after holding a final parental rights termination hearing. The Supreme Court affirmed, holding (1) the district court did not abuse its…

Justia Opinion Summary: Defendant was convicted of disorderly conduct in the Bozeman Municipal Court. Defendant was sentenced to pay a $100 fine and $135 in surcharges and fees. Defendant appealed his sentence to the district court, asserting…

Justia Opinion Summary: Plaintiffs were both insured by USAA Casualty Insurance Company under auto insurance policies that provided medical payments coverage. Plaintiffs filed a complaint against USAA arguing that USAA’s practice of sending…

Justia Opinion Summary: J & C Moodie Properties, LLC hired Haynie Construction, owned by Kyle Haynie, as general constructor to construct a building for Moodie’s farm equipment dealership. Scottsdale insured Haynie under a policy that was in…

Justia Opinion Summary: In 2012, the district court entered a decree dissolving the marriage of John and Emily Brown. The decree incorporated by reference a separation agreement that provided a parenting plan and child support for the parties’…

Justia Opinion Summary: In 2014, the State charged Defendant with felony driving under the influence (DUI). The probable cause affidavit alleged that Defendant had three prior DUI convictions, one from North Dakota in 1988. Defendant filed a…

Justia Opinion Summary: At dispute in this case was the existence and use of an easement along Turk Road, a private road that ran through multiple properties. All parties in this case owned property accessed via Turk Road, which passed through…

Justia Opinion Summary: Appellants, three individuals, alleged that Appellees, a newspaper and its editor, published defamatory statements about the group concerning an incident at a rest area near Conrad, Montana. The district court ruled that…

Justia Opinion Summary: Cory Patterson and Jesse Alma King each pleaded guilty to two counts of burglary. As part of his sentence, Patterson was ordered to pay, jointly and severally with King, $28,592 in restitution. Patterson challenged the…

Justia Opinion Summary: Robert Crawford was pulled over by Flathead Tribal Police Officer Casey Couture on the Flathead Reservation. Crawford was allowed to leave but was then informed that he was in violation of his parole because he did not…

Justia Opinion Summary: This case related to circumstances surrounding a data entry error that resulted in a significant sum of money being deposited into the wrong bank account. Grizzly Security Armored Express (Grizzly Security) filed suit…

Justia Opinion Summary: Defendant was convicted of criminal possession of dangerous drugs after police officer discovered Oxycodone residue on a spoon in Defendant’s possession. During trial, the court instructed the jury that Defendant could…

Justia Opinion Summary: The Montana Department of Revenue (DOR) informed Alpine Aviation, Inc. that it would be centrally assessed pursuant to Mont. Code Ann. 15-23-101 and 15-6-145. The DOR denied Alpine’s request for reclassification. After…

Justia Opinion Summary: After she was demoted from her position with the Montana Department of Transportation, Sheila Cozzie filed a grievance. Following a contested case proceeding, the hearing examiner recommended that Cozzie’s grievance be…

Justia Opinion Summary: Peter Lee and three other passengers were injured in a single vehicle accident. The driver held an insurance policy issued by USAA Casualty Insurance Company and United States Automobile Association (collectively, USAA),…

Justia Opinion Summary: This case arose from Appellant’s objection to three water right claims owned by Granite County. Appellant objected to the County’s water right claims in proceedings before the Water Court, arguing that the 1906 decree in…

Justia Opinion Summary: This in rem forfeiture proceeding brought under Mont. Code Ann. 44-12-201 (2013), et seq. arose from Mike Chilinski’s alleged use of real property to manufacture dangerous drugs. The proceeding was unconnected to a state…

Justia Opinion Summary: After a jury trial, Defendant was convicted of reckless driving and failing to yield to an emergency vehicle. Defendant appealed, arguing that the victim’s in-court identification was impermissibly suggestive and…

Justia Opinion Summary: After a jury trial, Defendant was convicted of criminal endangerment. Defendant appealed, arguing that the district court erred in refusing to instruct the jury on negligent endangerment as a lesser included offense of…

Justia Opinion Summary: Holly and Robert Labair filed a legal malpractice claim for Steve Carey and Carey Law Firm (collectively, Carey) related to Carey’s representation of them in a medical malpractice action. The district court granted…

Justia Opinion Summary: Defendant was convicted of five felony charges stemming from his illegal baiting, killing, and transportation or assistance in illegal baiting, killing, and transportation of nine black bears. The district court imposed…

Justia Opinion Summary: The underlying claim in this case, which had been appealed on three previous occasions, concerned an exclusion in the State’s health benefit insurance plan, which allowed the State to coordinate benefits in violation of…

Justia Opinion Summary: Appellee filed an action against Missoula Electric Cooperative (MEC), asserting age discrimination in the hiring process. A Human Rights Bureau Investigator granted summary judgment for MEC, concluding that, as a matter…

Justia Opinion Summary: In a period of approximately three years, Masonry by Muller, Inc. (Masonry) and Flathead Bank entered into four promissory notes. William Muller signed the promissory notes individually and as president of Masonry and…

Justia Opinion Summary: After a jury trial, Defendant was convicted of criminal production or manufacture of dangerous drugs. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in instructing the jury on the…

Justia Opinion Summary: Tina McColl filed a complaint against Michael Lang, N.D., a licensed naturopathic physician, after Lang used black salve to remove a blemish on Lang’s nose, which resulted in an infected third degree burn on McColl’s…

Justia Opinion Summary: Citizens for a Better Flathead brought this lawsuit challenging Flathead County’s 2012 Revised Growth Policy, asserting that the Flathead County Planning Board and the County Commission violated Montana statutes, the…

Justia Opinion Summary: Appellants owned property adjacent to Whitefish Lake, which the City of Whitefish has annexed. In 2005, Appellants petitioned the City for annexation of the property, and their petition was granted. In 2010, Appellants…

Justia Opinion Summary: James Raulston started a fire while cutting scrap metal on Bernice McPhillips’ property. The fire spread, burning several structures and a variety of equipment on Gabriel Pearson’s property. Pearson filed a complaint…

Justia Opinion Summary: After John McClure’s death, his widow (Ellie) and his children (collectively, Siblings) embarked on contentious litigation regarding the McClure Family Trust. Ellie filed suit seeking to enforce an amendment to the…

Justia Opinion Summary: After a jury trial, Defendant was found guilty of sexual assault and sexual intercourse without consent. The Supreme Court affirmed, holding that the district court (1) did not violate Defendant’s constitutional right to…

Justia Opinion Summary: After a jury trial, Defendant was found guilty of sexual assault and sexual intercourse without consent. The Supreme Court affirmed, holding that the district court (1) did not violate Defendant’s constitutional right to…

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of attempted sexual abuse of children (referred to as “attempted possession of child pornography”). Defendant appealed, arguing that there was insufficient…

Justia Opinion Summary: After a jury trial, Defendant was convicted of threats and other improper influence in official matters, criminal trespass, and disorderly conduct. The Supreme Court affirmed the improper influence conviction and…

Justia Opinion Summary: Jason Talbot was seriously injured in Montana when he was struck by a vehicle driven by an employee of WMK-Davis, LLC. At the time of the accident, Talbot was employed by Cudd Pressure Control, Inc. Talbot, who was a…

Justia Opinion Summary: After Lisa Warrington accepted an offer of employment with Great Falls Clinic (the Clinic), she signed a written employment contract. On Warrington’s last day at her former job, the Clinic informed her it would not…

Justia Opinion Summary: This case concerned three retirement plans established by the Montana Legislature under the Montana Public Employee Retirement System (PERS). Plaintiffs, who elected to participate in the Defined Contribution Retirement…

Justia Opinion Summary: This matter involved a challenge to the final order of the Montana Public Service Commission disallowing $1,419,427 in claimed excess electric regulation costs and adjusted energy efficiency savings calculations.…

Justia Opinion Summary: Carbon County Resource Council and Northern Plains Resources Council (collectively, Resource Councils) challenged the Montana Board of Oil and Gas Conservation’s (the Board) approval of well stimulation activities at an…

Justia Opinion Summary: After a jury trial, Defendant was convicted of six felony offenses of incest, sexual intercourse without consent, and sexual assault. During closing argument by Defendant’s attorney, an audience member interrupted and…

Justia Opinion Summary: Defendant pleaded guilty to aggravated burglary, elder abuse, and failure to comply with licensing requirements. Defendant was sentenced to twenty-five years in prison for aggravated burglary, ten years in prison for…

Justia Opinion Summary: David and Alana Folsom filed a complaint against Eagle’s Rest, LLC and the City of Livingston claiming breach of contract, negligence, unjust enrichment, and quantum meruit. After a jury trial, the district court entered…

Justia Opinion Summary: Sean Melton purchased four parcels of property from Len Wallace. Lee Foss represented Wallace. The parties contractually agreed that Melton would pay Foss $112,000 in commission. Foss later filed suit against Melton for…

Justia Opinion Summary: Jon Krakauer, a journalist and resident of Colorado, published a book chronicling instances of alleged sexual misconduct on or near the Missoula campus of the University of Montana. This case involved Krakauer’s request…

Justia Opinion Summary: The Water Use Act permits certain groundwater appropriations to be exempt from the permitting process. An exception to one exemption is when a “combined appropriation” from the same source by two or more wells or springs…

Justia Opinion Summary: After a jury trial, Defendant was convicted of partner or family member assault, third or subsequent offense. Defendant appealed. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion…

Justia Opinion Summary: Defendant was charged with criminal possession of dangerous drugs with intent to distribute with a persistent felony offender designation. Defendant filed a motion to suppress the evidence seized in the search of his…

Justia Opinion Summary: Defendant pleaded guilty to felony theft for stealing a car. The threshold value for stolen property to support a charge of felony theft was $1,500. At a sentencing and restitution hearing, the district court imposed…

Justia Opinion Summary: Junkermeir, Clark, Campanella, Stevens, P.C. (Junkermeir) was a Montana accounting firm with offices in several Montana cities. Junkermeir lost its Bozeman branch office after the majority of its Bozeman shareholders…

Justia Opinion Summary: In September 2013, Defendant was arrested for possession of drugs and drug paraphernalia and was jailed for more than ten months while he awaited testing results from the State Crime Lab. Trial was finally held at the…

Justia Opinion Summary: Chris Wagner sued MSE Technology Applications, Inc. and related MSE entities (collectively, the MSE entities) and Butte Local Development Corporation (BLDC), alleging that they had improperly interfered with his attempt…

Justia Opinion Summary: Defendant was convicted of felony incest against his minor child, T.W. Prior to trial, the State obtained T.W.’s medical records but failed to disclose the medical records to the defense. After the trial, Defendant…

Justia Opinion Summary: Defendant was charged with seven sex offenses and one offense of tampering with evidence. Less than one week before trial, Defendant filed a motion to dismiss the case with prejudice, contending that several motions…

Justia Opinion Summary: Defendant was charged by information with numerous sex offenses. Defendant filed a motion to change venue based on the amount of pretrial publicity surrounding the case. The district court denied the motion. The court…

Justia Opinion Summary: A.M.M.’s two children - Timothy McCann and Genet McCann (together, Appellants) - appealed from three groups of orders entered by the district court during actions it took to oversee the guardianship and conservatorship…

Justia Opinion Summary: Defendant was given a citation for violating Mont. Code Ann. 61-6-301(4), which prohibits operating a motor vehicle without liability insurance. At a bench trial before the justice court, Defendant’s attorney moved to…

Justia Opinion Summary: In Tidyman’s I, the Supreme Court affirmed the district court’s finding that National Union Fire Insurance breached its duty to defend its insured, David and Maxwell. The Court, however, reversed the district court’s…

Justia Opinion Summary: The Macks and the Andersons owned adjacent properties. When the Macks discovered that a dam existed on the Mack Ditch, which crossed the Andersons’ property to the Mack property, that diverted water to a pond on the…

Justia Opinion Summary: The Department of Health and Human Services filed a petition to terminate Father’s parental rights to his two minor children, a girl and a boy. After a termination hearing at which Father failed to appear, the district…

Justia Opinion Summary: After a jury trial, Defendant was convicted of driving under the influence of alcohol. The district court affirmed Defendant’s conviction. The Supreme Court affirmed, holding (1) Defendant was not denied his right to a…

Justia Opinion Summary: Michael Mandell and Bayliss Ward and Bayliss Architects, P.C. (Bayliss) agreed that Bayliss would provide architectural and construction services for Mandell’s home. Mandell refused to pay Bayliss’s final invoice, and…

Justia Opinion Summary: Initiative No. 181 (I-181) proposed to enact the “Montana Biomedical Research Authority Act.” The Secretary of State determined that sufficient signatures had been submitted to qualify I-181 for the November 8, 2016…

Justia Opinion Summary: Defendant was charged with escape in Powell County. The State later stipulated that venue was proper in Yellowstone County. The Powell County District Court subsequently granted the State’s motion to dismiss the escape…

Justia Opinion Summary: When David Goldan began working as an independent contractor insurance agent for Farmers Insurance Exchange, Farmers and Goldan entered into an Agency Appointment Agreement defining the parties’ rights and obligations.…

Justia Opinion Summary: After a hearing at which all parties were represented by counsel, the district court terminated Mother’s parental rights to her two children and granted Stepmother’s petition for adoption. The Supreme Court affirmed,…

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of attempted deliberate homicide, three counts of felony criminal mischief, and six counts of misdemeanor criminal mischief. After unsuccessfully seeking…

Justia Opinion Summary: In 2001, Appellant pled guilty to robbery. Since then, the district court revoked Appellant’s sentence three times. The third petition to revoke was filed in 2015. Appellant moved to dismiss the petition on the grounds…

Justia Opinion Summary: In 2001, Appellant pled guilty to robbery. Since then, the district court revoked Appellant’s sentence three times. The latest revocation occurred in 2015. Appellant appealed, asserting that the district court erred in…

Justia Opinion Summary: In 2003, Mother and Father divorced. In 2015, Father made a second attempt to modify his child support obligation for the two children he had with Mother. After a hearing, the district court stayed Father’s child support…

Justia Opinion Summary: In 2000, Paul Kurth, who never married or had children, died at the age of eighty-two. In 2013, Sinda and Marty Puryer, Kurth’s niece and her husband, petitioned to probate a document entitled “Instructions and Last Will…

Justia Opinion Summary: The City of Missoula filed a complaint to condemn, pursuant to Montana’s law of eminent domain, the water system that provided potable water to the residents of the City. The water system was owned and operated by…

Justia Opinion Summary: In 2014, the Bozeman City Commission adopted the Nondiscrimination Ordinance 1890, which prohibits discrimination on the basis of sexual orientation or gender expression by landlords, providers of public accommodations,…

Justia Opinion Summary: The State charged Defendant with thirty-five counts of violating an order of protection. Defendant moved to dismiss thirty-four of the thirty-five counts on the grounds that the offenses were a continuing course of…

Justia Opinion Summary: After a jury trial, Defendant was convicted of criminal distribution of dangerous drugs, endangering the welfare of children, and incest for giving methamphetamine to his daughter, S.K., allowing her to ingest…

Justia Opinion Summary: Defendant pled guilty to an amended charge of criminal endangerment for having sexual intercourse with A.C., a fourteen-year-old, which resulted in A.C. becoming pregnant and giving birth to twins. The district court…

Justia Opinion Summary: This dispute involved multiple water right holders on the mainstream of the Teton River in Teton and Chouteau Counties. Teton Prairie owned property upstream from Appellees’ properties. Appellees held water rights for…

Justia Opinion Summary: Kenneth Woody died after the vehicle in which he was a passenger crashed following a high-speed chase by a Big Horn County Sheriff’s deputy. The Estate submitted a claim letter to the County seeking $750,000 for wrongful…

Justia Opinion Summary: In 2014, the Lincoln County Attorney’s office filed a second petition alleging that C.C. suffered from a mental disorder and required commitment. After an adjudicatory hearing, the district court committed C.C. to the…

Justia Opinion Summary: Larry Reinlasoder, the former chief of police for the City of Colstrip, sued Colstrip for wrongful discharge. In its defense, Colstrip contended that it had fired Reinlasoder for good cause. The jury returned a verdict…

Justia Opinion Summary: In 2014, a large boulder dislodged from a hillside and fell into J. Russell Parker’s unoccupied vacation cabin, causing substantial damage. Parker submitted a claim to his insurer, Safeco Insurance Company. Safeco denied…

Justia Opinion Summary: Matt Wagenman and Tammy Wagenman filed a pro se joint petition for dissolution to dissolve their marriage and divide up their property and debt. In their petition, the parties stated that their real property should be…

Justia Opinion Summary: Defendant was charged with aggravated kidnapping, burglary, intimidation and escape. During the ensuing jury trial, Defendant appeared wearing a security leg brace. Defendant requested that the sheriff’s deputies remove…

Justia Opinion Summary: Defendant pled guilty to felony burglary. Defendant appealed, arguing that the district court erred in denying his motion to suppress evidence obtained pursuant to a search warrant and erred in denying his motion to…

Justia Opinion Summary: Z, the twelve-year-old son of Mother and Father, was born in 2003 when the parents were unmarried and in high school. In 2007, the parents filed a stipulated first amended parenting plan providing that Z would reside…

Justia Opinion Summary: Plaintiffs and Defendants owned real property on a peninsula in Echo Lake. Defendants owned a parcel on the southern end of the peninsula, through which the sole vehicular road granting access to the northern lots owned…

Justia Opinion Summary: Plaintiff and Defendants owned adjoining properties. Defendants’ property held an easement that ran through Plaintiff’s land. When Defendants began to build a road on their easement to access their property, Plaintiff…

Justia Opinion Summary: When Chrysler Group, LLC filed with the Montana Department of Justice, Motor Vehicle Division a notice of intent to establish an additional Chrysler-Jeep dealership in Billings, Lithia Motors, Inc. filed an…

Justia Opinion Summary: Appellant entered a no-contest plea to felony incest and, in 2004, received a twenty-year suspended sentence. Appellant later pleaded guilty to two counts of felony sexual assault and, in 2007, was sentenced to twenty…

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated assault, criminal endangerment, and assault on a minor. Defendant was sentenced to thirty-five years in the Montana State Prison. Defendant appealed, arguing that…

Justia Opinion Summary: In two separate proceedings, the district court adjudicated A.S. and A.M., the biological children of Mother and Father, as youths in need of care. The district court subsequently filed a petition for termination of…

Justia Opinion Summary: In 1990, Gregg and her four-year-old son, Aaron, moved into Hanson’s home. They moved out in 1992. After they broke up, Gregg became concerned about Aaron's nightmares and anger, bed-wetting, locking the door when he…

Justia Opinion Summary: Stephanie filed for dissolution of her four-year marriage with John in 2002. Following a November 2003 dissolution hearing, the court approved a stipulated Final Parenting Plan and Property Settlement Agreement, under…

Justia Opinion Summary: At 1:37 a.m., Haddad reported to Missoula 911 that he was driving on Hillview when a black Acura 2.0 CL with gold badging pulled out in front of him; that the driver was swerving; that he could not describe the driver…

Justia Opinion Summary: After a jury trial, Defendant was found guilty of one count each of sexual intercourse without consent, sexual assault, and sexual abuse of children. Defendant appealed, arguing that the district court abused its…

Justia Opinion Summary: The Water Court is adjudicating the existing water right claims of all appropriators in the Teton River Basin and issued a temporary preliminary decree for Basin 41O. Eldorado, which distributes water to shareholders…

Justia Opinion Summary: Zabrocki began receiving Teachers Retirement System (TRS) retirement benefits in 2007. In 2012 TRS notified Zabrocki that he did not qualify for those benefits and was liable to reimburse TRS for the amounts it paid.…

Justia Opinion Summary: Maggie Petaja was terminated from her position with Lewis and Clark County when she was age fifty-nine. After unsuccessfully pursuing relief on the administrative level, Petaja, a member of a collective bargaining unit…

Justia Opinion Summary: The State filed a petition to involuntarily commit S.H. based upon a psychiatrist’s recommendation. The district court appointed counsel to represent S.H. After a hearing on the petition, the district court ordered S.H.…

Justia Opinion Summary: S.H. appealed a court order committing her to the Montana State Hospital. In late 2014, S.H. sought help from the emergency department at the Billings Clinic. S.H. complained she was suffering from food poisoning, that…

Justia Opinion Summary: Jeffry Weber appealed after a jury convicted him of felony theft. Weber was a janitor at Sidney High School. A Thermal Dynamics Cutmaster 82 plasma cutter, a tool used to cut metal and steel, went missing from the high…

Justia Opinion Summary: Appellants (“the Silvertip Landowners”) were a group of private landowners in Carbon County who initiated a petition to establish a “Part 1” zoning district pursuant to 76-2-101, MCA, et seq. Appellees were the Board of…

Justia Opinion Summary: In consolidated appeals, plaintiffs Robert Nelson and Kelli Tyrrell, as Special Administrator of the Estate of Brent Tyrrell (Brent), pled violations of the Federal Employers’ Liability Act (FELA), for injuries allegedly…

Justia Opinion Summary: In consolidated appeals, plaintiffs Robert Nelson and Kelli Tyrrell (Tyrrell), as Special Administrator of the Estate of Brent Tyrrell, pled violations of the Federal Employers’ Liability Act (FELA) for injuries…

Justia Opinion Summary: O.F. Mossberg & Sons, Inc., and Burns Auction & Appraisal, LLC (collectively “Mossberg”), appealed a District Court order granting Luke and Stephanie Keuffers’ motion to disqualify Mossberg’s counsel. The District Court…

Justia Opinion Summary: The State appealed an order granting Daniel Colvin's motion to dismiss. In 2014, the State charged Colvin by information with attempted deliberate homicide in the September 4, 2014 shooting of Michael Aja. At the time of…

Justia Opinion Summary: Christopher Brunette appealed an order denying his petition for reinstatement of his driver’s license. Brunette argued the arresting officer lacked probable cause for a stop of his vehicle, and therefore the ensuing…

Justia Opinion Summary: Anne Hislop appealed the denial of a motion to dismiss an aggravated DUI charge. In 2007, Hislop’s license was suspended because she declined to submit to the preliminary alcohol screening test after being arrested for…

Justia Opinion Summary: This case arose out of claims asserted by multiple people against Blue Cross and Blue Shield of Montana, now known as Caring for Montanans, Inc. (CFM) and Montana Comprehensive Health Association (MCHA). The claimants…

Justia Opinion Summary: The Denturist Association of Montana (Association), on behalf of denturist Carl Brisendine, filed suit against the Board of Dentistry, challenging the validity of A.R.M. 24.138.2302(1)(j) (Rule J), the latest in a long…

Justia Opinion Summary: Ray Ramberg appealed the dismissal of his motion to modify the parenting plan regarding his child (“C.M.R.”) with Amber Massey, and the denial of his motion to change venue from Toole to Hill County. Ramberg and Massey…

Justia Opinion Summary: Plaintiffs (the Friedmans) purchased a professional archery retail sporting goods business owned by Aaron and Constance Lasco. The Lascos entered a covenant not to compete with the Friedmans that was incorporated into…

Justia Opinion Summary: Pacific Steel & Recycling entered into a contract with Emineth Custom Homes to build four duplex apartment units. The contract specified that Pacific would advance a $474,625 down payment to Emineth upon execution of the…

Justia Opinion Summary: In the underlying litigation, the Estate of Ronny Groff filed suit against Jake Weitzel alleging that Weitzel wrongful absconded with Ronny’s property and assets, causing economic loss to the Estate. Weitzel tendered…

Justia Opinion Summary: Mark Ibsen, Inc., the owner and operator of the Urgent Care Plus medical clinic in Helena, purchased health insurance coverage for its employees from Blue Cross and Blue Shield of Montana (BCBSMT) through a Chamber of…

Justia Opinion Summary: After a jury trial, Defendant was found guilty of driving under the influence, second offense. Defendant appealed, demanding a trial de novo. Defendant also filed a motion to dismiss, arguing that his constitutional…

Justia Opinion Summary: In 2012, Montana voters passed Legislative Referendum 121 (LR 121). The referendum denied certain state services to “illegal aliens.” Before the law went into effect, Montana Immigrant Justice Alliance (MIJA) filed a…

Justia Opinion Summary: After Plaintiff’s employment with Butte-Silver Bow County was terminated, Plaintiff filed a complaint against the County alleging several counts. The district court granted summary judgment to the County on most of…

Justia Opinion Summary: Property owners (Petitioners) appealed the Department of Revenue’s valuation of their residential lot for the tax year 2012. The Flathead County Tax Appeal Board (County Board) reduced the value of the land and the value…

Justia Opinion Summary: Sometime after loan servicing duties on Robin and Kathleen Jacobsens’ loan was transferred to Bayview Loan Servicing, LLC, Bayview initiated foreclosure proceedings. The Jacobsens filed this action to enjoin the sale of…

Justia Opinion Summary: The Wayne S. Hansen Trust acquired tax deeds to three tracts of real property previously owned by Douglas Johnson. The Trust filed three quiet title actions for the respective properties. Johnson responded by filing his…

Justia Opinion Summary: Roger and Carrie Peters and Daggin’ Y Cattle Company (collectively, Peters) filed a complaint against Junkermier, Clark, Campanella, Stevens, P.C. and Larry Addink (collectively, Junkermeir) alleging multiple counts…

Justia Opinion Summary: After a jury trial, Defendant was found guilty of criminal possession. The district court sentenced him as a persistent felony offender to a term of twenty years, with ten of those years suspended. The Supreme Court…

Justia Opinion Summary: This case was the second segment of Water Court Case 41O-129. Case 41O-129A was limited to the issues involving the use of the Bateman Ditch. Here, the Supreme Court reviewed the parties’ appeals of the Water Court’s…

Justia Opinion Summary: Jerry Ray filed suit against Martin Connell alleging defamation. Defendant sought punitive damages, general damages based on a lost real estate commission, damages for tortious interference with business interests, and…

Justia Opinion Summary: Mother and Father, who never lived together, had a child together. After the child’s birth, Father filed a petition for establishment of an interim parenting plan and then a petition for an “emergency de facto” parenting…

Justia Opinion Summary: Jerry and Karen Slack hired Jeffrey Fisher and his construction company, Fisher Builders, to build a remodeled home. During the project, the deck collapsed, and the Slacks’ construction permit was revoked. The Slacks…

Justia Opinion Summary: Plaintiffs worked within the Child Support Enforcement Division of the Department of Public Health and Human Services and constituted the majority of Compliance Specialists, Pay Band 6, employed by the State. Plaintiffs,…

Justia Opinion Summary: For more than a century, Asarco LLC and its predecessors operated a lead smelting facility (the Site). For almost fifty years, Atlantic Richfield Company’s predecessor operated a zinc fuming plant on land leased from…

Justia Opinion Summary: Julia Fenwick and the State, Department of Military Affairs and Emergency Services Division (Department) executed a Severance Agreement whereby the Department agreed to lay off Fenwick, as opposed to discharging her, in…

Justia Opinion Summary: When Child was just over a year old, Mother executed a power of attorney in favor of Appellant to allow her to care for Child. Mother later recovered physical custody of Child and moved with Child and her new husband to…

Justia Opinion Summary: The parties to this appeal were Gene Curry, Cheryl Curry, and Curry Cattle Co. (collectively, Curry) and Pondera County Canal & Reservoir Company (Pondera). Both Curry and Pondera owned rights to divert waters from Birch…

Justia Opinion Summary: Plaintiff was seriously injured while working for Employer. Plaintiff’s injury was caused by the use of her personal vehicle. Plaintiff was able to recover benefits under her auto insurance policy but also sought…

Justia Opinion Summary: The Department of Public Health and Human Services filed a petition to terminate Father’s parental rights to K.B. Father opposed his termination but did not argue that he should be given custody of K.B. After a…

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony murder, aggravated assault, and related charges. The Supreme Court reversed the conviction for aggravated assault because it was an included offense of the charge of…

Justia Opinion Summary: Appellant was convicted of deliberate homicide and related felonies and misdemeanors. Appellant was sentenced to life imprisonment for the deliberate homicide conviction. The Supreme Court affirmed the convictions on…

Justia Opinion Summary: Appellant, a severe alcoholic, consented to his initial commitment to the Montana State Hospital. When Appellant’s commitment was extended, he was transferred to the Montana Mental Health Nursing Care Center. A…

Justia Opinion Summary: Father and Mother took Child, who was only a few weeks old at the time, shoplifting at a department store. The shoplifting turned into a robbery. Thereafter, the district court granted the petition of the Department of…

Justia Opinion Summary: Defendant was charged with one count of arson, a felony. Pursuant to a plea agreement, Defendant pleaded no contest to arson. Defendant subsequently filed a motion to withdraw his no contest plea, asserting that the…

Justia Opinion Summary: Three defendants (jointly, Appellants) were convicted in municipal court of various traffic violations, including driving with a suspended license. The district court affirmed the convictions. Appellants appealed…

Justia Opinion Summary: Appellants (collectively, the Teisingers) claimed a 3/5ths royalty interest in oil, gas, and minerals located on several sections of land in Richland County. The Teisingers’ assert that their 3/5ths royalty interest was…

Justia Opinion Summary: Roy Volk and Pamela Dee Volk had a son, RBV, in the fall of 2000. In 2011, the marriage was dissolved. At the time of the divorce, Roy owned two term life insurance policies. While a statutorily-mandated temporary…

Justia Opinion Summary: The marriage of Creed Evans and Dava Bliss was dissolved in 2015. The day before the parties were married, they signed an antenuptial agreement providing that all property held by individually by a party before and…

Justia Opinion Summary: When Daughter was two years old, Mother and Father dissolved their marriage. The district court approved a stipulated parenting plan entered into by the parties providing that Daughter would split her time equally…

Justia Opinion Summary: Facing more than $40,000 in unsecured debt that she owed to Discover Bank and other banks, Susan Ossello enrolled in a debt reduction program and signed a contract with Global Client Solutions. Ossello subsequently…

Justia Opinion Summary: After a jury trial, Defendant was convicted of incest, sexual assault, and sexual intercourse without consent against a child age sixteen or younger, sexual intercourse without consent against a child age twelve or…

Justia Opinion Summary: The Wayne S. Hansen Trust acquired tax deeds to three tracts of real property located in Powell County, which were previously owned by Douglas Johnson. The Trust filed three quiet title actions for the respective…

Justia Opinion Summary: The dispute in this case centered on the ownership of subsurface mineral rights to coal-rich land located in Musselshell County. Plaintiffs filed this action against Musselshell County to quiet title to the property. The…

Justia Opinion Summary: Fellows filed the underlying complaint challenging the Water Commissioner’s administration of water under the Perry v. Beattie decree. The district court dismissed Fellows’s complaint for failure to state a claim. The…

Justia Opinion Summary: The district court granted a permanent injunction against the enforcement of certain provisions of the 2011 Montana Marijuana Act. The State appealed the grant of the injunction, and Plaintiffs cross-appealed the…

Justia Opinion Summary: After a jury trial, Defendant was convicted of incest, sexual intercourse without consent, and sexual assault. The district court sentenced Defendant to terms of imprisonment on each of the convictions. The Supreme Court…

Justia Opinion Summary: After a warranted search of Defendant’s home, law enforcement officers seized sixty-seven live marijuana plants and numerous miscellaneous paraphernalia. Defendant moved to suppress the evidence seized during the search…

Justia Opinion Summary: In 2001, Kurt Heigis executed and a notary notarized a quitclaim deed purportedly conveying certain real property to Frances Emmert. Heigis personally delivered the deed to Emmert at her home and told her not to record…

Justia Opinion Summary: JAS, Inc. purchased certain property at a trustee’s sale. JAS later filed a quiet title action, naming several defendants, including Mortgage Electronic Systems, Inc. (MERS), Countrywide Home Loans, Inc., and OneWest…

Justia Opinion Summary: Plaintiff sought disclosure of a settlement agreement entered into by a Cascade County detention officer, Cascade County, and the officer’s collective bargaining unit (the Union). The only barrier to disclosure of the…

Justia Opinion Summary: J.H. was the minor child of Mother and Father. The district court granted the petition of the Department of Public Health and Human Service for temporary legal custody of J.H. The Department later filed a permanency plan…

Justia Opinion Summary: After a jury trial, Defendant was found guilty of criminal possession of dangerous drugs. Defendant was sentenced to five years in prison. Defendant appealed, arguing that the district court erred in denying his motions…

Justia Opinion Summary: Plaintiff initiated this action against Defendant alleging that Defendant defrauded her out of $100,000. Plaintiff alleged claims of unjust enrichment, constructive trust, and fraud. The district court ultimately granted…

Justia Opinion Summary: In 1999, the Department of Public Health and Human Services, Child Support Enforcement Division (CSED) entered an order requiring Samuel Shelhamer to pay Tamara Hodges $74 per month in child support. In 2014, CSED…

Justia Opinion Summary: In 2013, the Department of Public Health and Human Services (DPHHS) filed a petition seeking emergency protective authority, adjudication of Father’s three minor children as youth in need of care, and temporary legal…

Justia Opinion Summary: This was the third of three lawsuits arising from the development of condominiums at Lakeside Village on Hauser Lake in Lewis and Clark County. Cherrad, LLC (Cherrad) was the project’s developer and Mountain West Bank…

Justia Opinion Summary: Defendant was charged by information with driving under the influence of alcohol fourth or subsequent offense (DUI). The information provided that Defendant had been convicted of DUI on three previous occasions,…

Justia Opinion Summary: Father and Mother were the biological parents of three minor children. Mother and Grandfather filed a joint petition for termination of Father’s parental rights and for Grandfather to adopt the children. When Father…

Justia Opinion Summary: Morgen Farm and Ranch, Inc., which owned surface rights to certain property, leased oil and gas rights on a portion of its property to a corporation. The corporation later assigned its interest in the lease to Interstate…

Justia Opinion Summary: After a jury trial, Defendant was found guilty of sexual intercourse without consent. The victim was four years old at the time of the offenses. Defendant was sentenced to 100 years in prison and was not eligible for…

Justia Opinion Summary: Keller Transport, Inc. leased a tanker truck from Wagner Enterprises, LLC to transport gasoline. The truck’s trailer overturned and spilled 6,380 gallons of gasoline, which flooded several homeowners’ properties. Keller…

Justia Opinion Summary: The State charged Defendant in Ravalli County with felony theft by common scheme for double-cashing seven paychecks issued by an employment agency located in Ravalli County. The paychecks were issued for Defendant’s work…

Justia Opinion Summary: Plaintiff was involved in a vehicle collision with Defendant. Defendant admitted that she was negligent, and Plaintiff filed suit for damages. After a trial, the jury returned a verdict for Plaintiff. The district court…

Justia Opinion Summary: In 2014, the Montana Environmental Information Center (MEIC) filed suit challenging the decision of the Montana Department of Environmental Quality (DEQ) to approve the expansion of Golden Sunlight Mines, Inc.’s (GSM)…

Justia Opinion Summary: Wife filed a petition for dissolution of her marriage to Husband. After a bench trial, the district court entered written findings of fact, conclusions of law, and decree of dissolution, ordering that certain properties…

Justia Opinion Summary: After a jury trial, Defendant was convicted of seven counts of attempted deliberate homicide. The district court sentenced Defendant to serve a life term in prison on each count and declared him ineligible for parole.…

Justia Opinion Summary: In 2013, the district court adjudicated Mother’s two minor children youths in need of care. In 2015, the district court terminated Mother’s parental rights, concluding that Mother’s conduct or condition rendering her…