Montana Supreme Court Decisions 2016

Bureau of Land Management - Barthelmess  
Date: December 28, 2016
Citation: 2016 MT 348
Docket Number: DA 15-0533

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 wholl...

Ryffel Family Partnership Ltd. v. Alpine Country Construction, Inc.  
Date: December 28, 2016
Citation: 2016 MT 350
Docket Number: DA 15-0805

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 secon...

USA BLM v. Korman
Date: December 28, 2016
Citation: 2016 MT 351N
Docket Number: DA 16-0019
Associated Dermatology & Skin Cancer Clinic of Helena, P.C. Profit Sharing & Trust Benefit of Stephen D. Behlmer, M.D. v. Fitte  
Date: December 28, 2016
Citation: 2016 MT 349
Docket Number: DA 16-0103

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 Far...

Welu v. Twin Hearts Smiling Horses, Inc.  
Date: December 28, 2016
Citation: 2016 MT 347
Docket Number: DA 16-0139

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 una...

State v. Lafield
Date: December 27, 2016
Citation: 2016 MT 338N
Docket Number: DA 15-0212
State v. Lawrence  
Date: December 27, 2016
Citation: 2016 MT 346
Docket Number: DA 15-0428

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...

Suzor v. International Paper Co.  
Date: December 27, 2016
Citation: 2016 MT 344
Docket Number: DA 15-0510

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 compl...

State v. Whitegrass
Date: December 27, 2016
Citation: 2016 MT 337N
Docket Number: DA 15-0730
In re B.W.S.  
Date: December 27, 2016
Citation: 2016 MT 340
Docket Number: DA 15-0791

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 Wats...

In re Marriage of Taylor  
Date: December 27, 2016
Citation: 2016 MT 342
Docket Number: DA 16-0150

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 bac...

Bird v. Cascade County  
Date: December 27, 2016
Citation: 2016 MT 345
Docket Number: DA 16-0162

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 cour...

Myrick v. Skolrud  
Date: December 27, 2016
Citation: 2016 MT 341
Docket Number: DA 16-0168

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 th...

Ohio Farmers Insurance Co. v. JEM Contracting, Inc.  
Date: December 27, 2016
Citation: 2016 MT 343
Docket Number: DA 16-0181

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 su...

Conservatorship of J.J.W.
Date: December 27, 2016
Citation: 2016 MT 339N
Docket Number: DA 16-0284
State v. J. Meacham
Date: December 21, 2016
Citation: 2016 MT 334N
Docket Number: DA 16-0174
State v. J. Meacham
Date: December 21, 2016
Citation: 2016 MT 334N
Docket Number: DA 16-0174
State v. Nuessle  
Date: December 20, 2016
Citation: 2016 MT 335
Docket Number: DA 14-0636

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 v...

State v. Beaver  
Date: December 20, 2016
Citation: 2016 MT 332
Docket Number: DA 15-0478

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...

State v. Watts  
Date: December 20, 2016
Citation: 2016 MT 331
Docket Number: DA 15-0645

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 P...

In re J.W.  
Date: December 20, 2016
Citation: 2016 MT 330
Docket Number: DA 16-0041

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, committ...

State v. J. Meacham
Date: December 20, 2016
Citation: 2016 MT 334N
Docket Number: DA 16-0174
623 Partners, LLC v. Hunter  
Date: December 20, 2016
Citation: 2016 MT 336
Docket Number: DA 16-0234

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 D...

Davenport v. Morrison et al.
Date: December 20, 2016
Citation: 2016 MT 333N
Docket Number: DA 16-0325
IN RE THE RULES OF PROFESSIONAL CON
Date: December 16, 2016
Docket Number: AF 09-0688
IN RE THE RULES OF PROFESSIONAL CON
Date: December 16, 2016
Docket Number: AF 09-0688
Citizens v. Flathead Co. Comm.
Date: December 16, 2016
Citation: 2016 MT 325
Docket Number: DA 15-0582
IN THE MATTER OF THE MONTANA RULES
Date: December 14, 2016
Citation: 2007 MT 334
Docket Number: AF 07-0157
State v. King
Date: December 13, 2016
Citation: 2016 MT 323
Docket Number: DA 14-0641
State v. King  
Date: December 13, 2016
Citation: 2016 MT 323
Docket Number: DA 14-0641

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....

State v. J. Hofer
Date: December 13, 2016
Citation: 2016 MT 328N
Docket Number: DA 15-0560
Citizens For A Better Flathead v. Flathead County Commissioners  
Date: December 13, 2016
Citation: 2016 MT 325
Docket Number: DA 15-0582

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...

In re R.H.  
Date: December 13, 2016
Citation: 2016 MT 329
Docket Number: DA 15-0679

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...

In re Parenting of N.M.V.  
Date: December 13, 2016
Citation: 2016 MT 322
Docket Number: DA 15-0797

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 Verploege...

S & P Brake Supply, Inc. v. Stemco LP  
Date: December 13, 2016
Citation: 2016 MT 324
Docket Number: DA 16-0014

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...

Garrett v. Willmarth
Date: December 13, 2016
Citation: 2016 MT 327N
Docket Number: DA 16-0142
Garrett v. Willmarth
Date: December 13, 2016
Citation: 2016 MT 327N
Docket Number: DA 16-0142
Crabtree v. Czech
Date: December 13, 2016
Citation: 2016 MT 326N
Docket Number: DA 16-0184
City of Red Lodge v. Pepper  
Date: December 6, 2016
Citation: 2016 MT 317
Docket Number: DA 15-0167

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 mont...

State v. Theeler  
Date: December 6, 2016
Citation: 2016 MT 318
Docket Number: DA 15-0575

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 violat...

Matter of N.W. YINC
Date: December 6, 2016
Citation: 2016 MT 320N
Docket Number: DA 16-0049
Korman
Date: December 6, 2016
Citation: 2016 MT 319N
Docket Number: DA 16-0071
State v. Massey  
Date: December 6, 2016
Citation: 2016 MT 316
Docket Number: DA 16-0170

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 searc...

Marriage of Jardine and Schwartz
Date: December 6, 2016
Citation: 2016 MT 321N
Docket Number: DA 16-0332
State v. Pierce  
Date: November 29, 2016
Citation: 2016 MT 308
Docket Number: DA 14-0071

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...

State v. E. Fernandez
Date: November 29, 2016
Citation: 2016 MT 311N
Docket Number: DA 15-0074
State v. S. McFee
Date: November 29, 2016
Citation: 2016 MT 310N
Docket Number: DA 15-0211
In re C.V.  
Date: November 29, 2016
Citation: 2016 MT 307
Docket Number: DA 15-0316

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 inju...

State v. Mayes
Date: November 29, 2016
Citation: 2016 MT 305
Docket Number: DA 15-0371
State v. Mayes  
Date: November 29, 2016
Citation: 2016 MT 305
Docket Number: DA 15-0371

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 motio...

State v. Shepp  
Date: November 29, 2016
Citation: 2016 MT 306
Docket Number: DA 15-0498

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 th...

State v. R. Kampf
Date: November 29, 2016
Citation: 2016 MT 314N
Docket Number: DA 15-0570
McCrorie v. Franz
Date: November 29, 2016
Citation: 2016 MT 313N
Docket Number: DA 16-0046
In re M.V.R.  
Date: November 29, 2016
Citation: 2016 MT 309
Docket Number: DA 16-0113

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...

Wiggins v. Residential Credit
Date: November 29, 2016
Citation: 2016 MT 312N
Docket Number: DA 16-0191
Estate of A.H.E.
Date: November 29, 2016
Citation: 2016 MT 315N
Docket Number: DA 16-0304
City of Bozeman v. King  
Date: November 22, 2016
Citation: 2016 MT 300
Docket Number: DA 15-0534

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 e...

State v. Coulter
Date: November 22, 2016
Citation: 2016 MT 303N
Docket Number: DA 15-0587
Estate of Brock
Date: November 22, 2016
Citation: 2016 MT 304N
Docket Number: DA 15-0800
Byorth v. USAA Casualty Insurance Co.  
Date: November 22, 2016
Citation: 2016 MT 302
Docket Number: DA 16-0013

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 med...

J & C Moodie Properties, LLC v. Deck  
Date: November 22, 2016
Citation: 2016 MT 301
Docket Number: DA 16-0051

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 ef...

In re Marriage of Brown  
Date: November 22, 2016
Citation: 2016 MT 299
Docket Number: DA 16-0085

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’...

State v. Krebs  
Date: November 15, 2016
Citation: 2016 MT 288
Docket Number: DA 15-0287

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 mo...

Morsette v. State
Date: November 15, 2016
Citation: 2016 MT 294N
Docket Number: DA 15-0443
J. Johnson v. State
Date: November 15, 2016
Citation: 2016 MT 293N
Docket Number: DA 15-0610
Flora v. Clearman  
Date: November 15, 2016
Citation: 2016 MT 290
Docket Number: DA 15-0705

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...

Lee v. Traxler  
Date: November 15, 2016
Citation: 2016 MT 292
Docket Number: DA 15-0716

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...

State v. Patterson  
Date: November 15, 2016
Citation: 2016 MT 289
Docket Number: DA 15-0734

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 r...

In Re G.O.
Date: November 15, 2016
Citation: 2016 MT 298N
Docket Number: DA 16-0011
Marriage of Paschen
Date: November 15, 2016
Citation: 2016 MT 297N
Docket Number: DA 16-0079
Marriage of Lee
Date: November 15, 2016
Citation: 2016 MT 295N
Docket Number: DA 16-0082
Ova v. Oakland Home
Date: November 15, 2016
Citation: 2016 MT 296N
Docket Number: DA 16-0189
Crawford v. Couture  
Date: November 15, 2016
Citation: 2016 MT 291
Docket Number: DA 16-0282

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 h...

Grizzly Security Armored Express, Inc. v. Bancard Services, Inc.  
Date: November 14, 2016
Citation: 2016 MT 287
Docket Number: DA 16-0038

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 ag...

State v. Temple  
Date: November 9, 2016
Citation: 2016 MT 284
Docket Number: DA 14-0753

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 a...

Department of Revenue v. Alpine Aviation, Inc  
Date: November 9, 2016
Citation: 2016 MT 283
Docket Number: DA 15-0732

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 A...

Robak v. Ravalli County
Date: November 9, 2016
Citation: 2016 MT 286N
Docket Number: DA 16-0047
Department of Transportation v. Department of Labor  
Date: November 9, 2016
Citation: 2016 MT 282
Docket Number: DA 16-0068

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 d...

West v. United Services Automobile Ass’n  
Date: November 9, 2016
Citation: 2016 MT 285
Docket Number: DA 16-0097

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),...

Granite County Commissioners v. McD
Date: November 3, 2016
Citation: 2016 MT 281
Docket Number: DA 16-0126
Granite County Commissioners v. McDonald  
Date: November 3, 2016
Citation: 2016 MT 281
Docket Number: DA 16-0126

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...

State v. Items of Property  
Date: November 1, 2016
Citation: 2016 MT 280
Docket Number: DA 14-0299

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...

State v. Wright
Date: November 1, 2016
Citation: 2016 MT 278N
Docket Number: DA 14-0642
Matter of S. L.
Date: November 1, 2016
Citation: 2016 MT 279N
Docket Number: DA 15-0465
Adoption of L. J.
Date: November 1, 2016
Citation: 2016 MT 277N
Docket Number: DA 16-0107
State v. B. Nauman
Date: October 25, 2016
Citation: 2016 MT 275N
Docket Number: DA 14-0812
City of Billings v. Nolan  
Date: October 25, 2016
Citation: 2016 MT 266
Docket Number: DA 15-0009

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 unrelia...

State v. Russell  
Date: October 25, 2016
Citation: 2016 MT 268
Docket Number: DA 15-0577

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 c...

Labair v. Carey  
Date: October 25, 2016
Citation: 2016 MT 272
Docket Number: DA 15-0621

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 summa...

State v. J. Johnson
Date: October 25, 2016
Citation: 2016 MT 276N
Docket Number: DA 15-0630
State v. Harrison  
Date: October 25, 2016
Citation: 2016 MT 271
Docket Number: DA 15-0707

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...

Diaz v. State  
Date: October 25, 2016
Citation: 2016 MT 270
Docket Number: DA 16-0023

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...

Missoula Electric Cooperative v. Jon Cruson Inc.  
Date: October 25, 2016
Citation: 2016 MT 267
Docket Number: DA 16-0050

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...

Chyatte v. Kirkegard
Date: October 25, 2016
Citation: 2016 MT 273N
Docket Number: DA 16-0069
Matter of the Estate of Johnson
Date: October 25, 2016
Citation: 2016 MT 274N
Docket Number: DA 16-0118
Flathead Bank of Bigfork, Montana v. Masonry by Muller, Inc.  
Date: October 25, 2016
Citation: 2016 MT 269
Docket Number: DA 16-0226

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 pe...

Belanus v. State
Date: October 18, 2016
Citation: 2016 MT 262N
Docket Number: DA 14-0782
State v. A. Shull
Date: October 18, 2016
Citation: 2016 MT 264N
Docket Number: DA 15-0347
Tummarello v. C.S.E.D.
Date: October 18, 2016
Citation: 2016 MT 265N
Docket Number: DA 15-0378
State v. Dobrowski  
Date: October 18, 2016
Citation: 2016 MT 261
Docket Number: DA 15-0479

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...

Estate of Sullivan
Date: October 18, 2016
Citation: 2016 MT 263N
Docket Number: DA 15-0793
McColl v. Lang
Date: October 11, 2016
Citation: 2016 MT 255
Docket Number: DA 15-0589
McColl v. Lang  
Date: October 11, 2016
Citation: 2016 MT 255
Docket Number: DA 15-0589

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 nos...

Orcutt v. State
Date: October 11, 2016
Citation: 2016 MT 260N
Docket Number: DA 15-0648
Citizens for a Better Flathead v. Bd. of County Comm’rs of Flathead County  
Date: October 11, 2016
Citation: 2016 MT 256
Docket Number: DA 15-0696

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 Mon...

W. Larson Jr. v. State
Date: October 11, 2016
Citation: 2016 MT 259N
Docket Number: DA 15-0790
Schweitzer v. City of Whitefish  
Date: October 11, 2016
Citation: 2016 MT 254
Docket Number: DA 16-0018

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 p...

Boyce v. Carpet Plus
Date: October 11, 2016
Citation: 2016 MT 258N
Docket Number: DA 16-0034
Pearson v. McPhillips  
Date: October 11, 2016
Citation: 2016 MT 257
Docket Number: DA 16-0100

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 aga...

In re Estate of McClure  
Date: October 11, 2016
Citation: 2016 Mt 253
Docket Number: DA 16-0143

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 Trust...

Duffy v. Park County JP
Date: October 4, 2016
Citation: 2016 MT 252N
Docket Numbers: DA 13-0840, DA 15-0667
State v. Hoff  
Date: October 4, 2016
Citation: 2016 MT 244
Docket Number: DA 14-0417

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...

State v. Hoff  
Date: October 4, 2016
Citation: 2016 MT 244
Docket Number: DA 14-0417

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...

State v. Colburn  
Date: October 4, 2016
Citation: 2016 MT 246
Docket Number: DA 14-0491

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 eviden...

State v. A. McDanal
Date: October 4, 2016
Citation: 2016 MT 250N
Docket Number: DA 15-0050
State v. Spottedbear  
Date: October 4, 2016
Citation: 2016 MT 243
Docket Number: DA 15-0127

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 reverse...

Terry-Lee v. DOJ
Date: October 4, 2016
Citation: 2016 MT 249N
Docket Number: DA 15-0439
Talbot v. Cudd  
Date: October 4, 2016
Citation: 2016 MT 247
Docket Number: DA 15-0690

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 res...

Klepper v. DOT
Date: October 4, 2016
Citation: 2016 MT 248N
Docket Number: DA 15-0697
Bevill v. Sandberg
Date: October 4, 2016
Citation: 2016 MT 251N
Docket Number: DA 16-0102
Great Falls Clinic LLP v. Eighth Judicial Dist. Court  
Date: October 4, 2016
Citation: 2016 MT 245
Docket Number: OP 16-0335

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 emplo...

Wrzesien v. Mont. Pub. Employee Ret. Admin.  
Date: September 28, 2016
Citation: 2016 MT 242
Docket Number: DA 15-0554

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...

Northwestern Corp. v. Dep’t of Pub. Serv. Regulation  
Date: September 27, 2016
Citation: 2016 MT 239
Docket Number: DA 15-0612

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. NorthWe...

Carbon County Res. Council v. Bd. of Oil & Gas Conservation  
Date: September 27, 2016
Citation: 2016 MT 240
Docket Number: DA 15-0613

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...

State v. Krause
Date: September 27, 2016
Citation: 2016 MT 241N
Docket Number: DA 15-0700
IN RE THE RULES OF PROFESSIONAL CON
Date: September 22, 2016
Docket Number: AF 09-0688
State v. Griffin  
Date: September 20, 2016
Citation: 2016 MT 231
Docket Number: DA 14-0674

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 sa...

State v. Killsontop
Date: September 20, 2016
Citation: 2016 MT 235N
Docket Number: DA 14-0756
State v. Hooper  
Date: September 20, 2016
Citation: 2016 MT 237
Docket Number: DA 15-0261

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 eld...

Aker v. State
Date: September 20, 2016
Citation: 2016 MT 236N
Docket Number: DA 15-0271
State v. Honka
Date: September 20, 2016
Citation: 2016 MT 233N
Docket Number: DA 15-0318
Folsom v. Livingston  
Date: September 20, 2016
Citation: 2016 MT 238
Docket Number: DA 15-0499

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...

Matter of B.R. J.R. YINC
Date: September 20, 2016
Citation: 2016 MT 234N
Docket Number: DA 15-0512
Foss v. Melton  
Date: September 20, 2016
Citation: 2016 MT 232
Docket Number: DA 15-0721

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...

Krakauer v. Comm’n of Higher Educ.  
Date: September 19, 2016
Citation: 2016 MT 230
Docket Number: DA 15-0502

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...

Clark Fork Coalition v. Montana Well Drillers Ass’n  
Date: September 13, 2016
Citation: 2016 MT 229
Docket Number: DA 14-0813

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...

Sagami v. Johns
Date: September 13, 2016
Citation: 2016 MT 228N
Docket Number: DA 16-0092
Krone v. Roundup
Date: September 13, 2016
Citation: 2016 MT 227N
Docket Number: DA 16-0128
State v. Sayler  
Date: September 6, 2016
Citation: 2016 MT 226
Docket Number: DA 14-0553

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 wh...

State v. Marino  
Date: September 6, 2016
Citation: 2016 MT 220
Docket Number: DA 14-0684

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 car...

Zindell v. State
Date: September 6, 2016
Citation: 2016 MT 222N
Docket Number: DA 15-0185
State v. Hill  
Date: September 6, 2016
Citation: 2016 MT 219
Docket Number: DA 15-0278

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 res...

State v. C. Stevenson
Date: September 6, 2016
Citation: 2016 MT 221N
Docket Number: DA 15-0435
Junkermier, Clark, Campanella, Stevens, P.C. v. Alborn, Uithoven, Riekenberg, P.C.  
Date: September 6, 2016
Citation: 2016 MT 218
Docket Number: DA 15-0605

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 dec...

Benson et al v. Hopseker et al
Date: September 6, 2016
Citation: 2016 MT 225N
Docket Number: DA 15-0760
Anderson v. Sack
Date: September 6, 2016
Citation: 2016 MT 223N
Docket Number: DA 16-0058
Marriage of Mellito
Date: September 6, 2016
Citation: 2016 MT 224N
Docket Number: DA 16-0065
State v. Velasquez  
Date: August 30, 2016
Citation: 2016 MT 216
Docket Number: DA 14-0770

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 en...

Wagner v. MSE Technology Applications, Inc.  
Date: August 30, 2016
Citation: 2016 MT 215
Docket Number: DA 15-0448

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...

Matter of A.D. and K.D. YINC
Date: August 30, 2016
Docket Number: DA 16-0089
State v. Weisbarth  
Date: August 24, 2016
Citation: 2016 MT 214
Docket Number: DA 14-0696

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 gaine...

State v. Blake  
Date: August 23, 2016
Docket Number: DA 14-0053

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 rece...

State v. Griego  
Date: August 23, 2016
Citation: 2016 MT 207
Docket Number: DA 14-0676

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 al...

State v. Lawrence
Date: August 23, 2016
Citation: 2016 MT 209N
Docket Number: DA 14-0720
In re Guardianship & Conservatorship of A.M.M.  
Date: August 23, 2016
Citation: 2016 MT 213
Docket Number: DA 15-0141

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 o...

State v. Davis  
Date: August 23, 2016
Citation: 2016 MT 206
Docket Number: DA 15-0569

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 di...

Tidyman’s Mgmt. Servs., Inc. v. Nat’l Union Fire Ins. Co.  
Date: August 23, 2016
Citation: 2016 MT 201
Docket Number: DA 15-0583

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 ent...

Mack v. Anderson  
Date: August 23, 2016
Citation: 2016 MT 204
Docket Number: DA 15-0600

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 Ande...

In re A.G.  
Date: August 23, 2016
Citation: 2016 MT 203
Docket Number: DA 15-0769

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 c...

Parenting of Barber
Date: August 23, 2016
Citation: 2016 MT 210N
Docket Number: DA 15-0772
State v. Berg
Date: August 23, 2016
Citation: 2016 MT 211N
Docket Number: DA 15-0787
State v. Krenning  
Date: August 23, 2016
Citation: 2016 MT 202
Docket Number: DA 15-0799

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 s...

Mandell v. Bayliss Ward  
Date: August 23, 2016
Citation: 2016 MT 205
Docket Number: DA 16-0015

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 Ba...

Skattum v. Motl
Date: August 23, 2016
Citation: 2016 MT 208N
Docket Number: DA 16-0086
Skattum v. Motl
Date: August 23, 2016
Citation: 2016 MT 208N
Docket Number: DA 16-0086
Montana AFL-CIO v. McCulloch  
Date: August 18, 2016
Citation: 2016 MT 200
Docket Number: OP 16-0453

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 gene...

State v. Hastings
Date: August 16, 2016
Docket Number: DA 15-0258
State v. Butterfly  
Date: August 16, 2016
Citation: 2016 MT 195
Docket Number: DA 15-0391

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 c...

Matter of B.J.T.H. and B.H.T. H.
Date: August 16, 2016
Citation: 2016 MT 198N
Docket Number: DA 15-0513
Farmers Ins. Exchange v. Goldan  
Date: August 16, 2016
Citation: 2016 MT 196
Docket Number: DA 15-0529

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. A...

In re A.W.S.  
Date: August 16, 2016
Citation: 2016 MT 194
Docket Number: DA 15-0639

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, hol...

Kenfield v. State  
Date: August 16, 2016
Citation: 2016 MT 197
Docket Number: DA 16-0035

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 postconvi...

State v. Rossbach  
Date: August 9, 2016
Citation: 2016 MT 189
Docket Number: DA 15-0393

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 t...

State v. Rossbach  
Date: August 9, 2016
Citation: 2016 MT 189
Docket Number: DA 15-0393

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 d...

In re Marriage of Scanlon  
Date: August 9, 2016
Citation: 2016 MT 190
Docket Number: DA 15-0727

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...

Matter of F.L.
Date: August 9, 2016
Citation: 2016 MT 193N
Docket Number: DA 15-0733
In re Estate of Kurth  
Date: August 9, 2016
Citation: 2016 MT 188
Docket Number: DA 15-0796

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...

Marriage of Spence
Date: August 9, 2016
Citation: 2016 MT 191N
Docket Number: DA 15-0803
Smith v. Anderson
Date: August 9, 2016
Citation: 2016 MT 192N
Docket Number: DA 16-0101
City of Missoula v. Mountain Water Co.  
Date: August 2, 2016
Citation: 2016 MT 183
Docket Number: DA 15-0375

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 Mounta...

Arnone v. City of Bozeman  
Date: August 2, 2016
Citation: 2016 MT 184
Docket Number: DA 15-0618

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,...

State v. Allen  
Date: August 2, 2016
Citation: 2016 MT 185
Docket Number: DA 15-0662

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 condu...

Belanus v. Gallagher
Date: August 2, 2016
Citation: 2016 MT 186N
Docket Number: DA 15-0749
Ellenburg v. Wilson et al.
Date: August 2, 2016
Citation: 2016 MT 187N
Docket Number: DA 16-0057
State v. Kline  
Date: July 26, 2016
Citation: 2016 MT 177
Docket Number: DA 15-0040

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 methamphet...

State v. J. Brave
Date: July 26, 2016
Citation: 2016 MT 178
Docket Number: DA 15-0072
State v. Brave  
Date: July 26, 2016
Citation: 2016 MT 178
Docket Number: DA 15-0072

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 ord...

Duncan v. Smithson
Date: July 26, 2016
Citation: 2016 MT 181N
Docket Number: DA 15-0710
Matter of A. S. YINC
Date: July 26, 2016
Citation: 2016 MT 182N
Docket Number: DA 15-0755
Kelly v. Teton Prairie LLC  
Date: July 26, 2016
Citation: 2016 MT 179
Docket Number: DA 15-0786

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 st...

In re Estate of Woody v. Big Horn County  
Date: July 26, 2016
Citation: 2016 MT 180
Docket Number: DA 16-0010

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...

In re C.C.  
Date: July 19, 2016
Citation: 2016 MT 174
Docket Number: DA 14-0749

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 Mo...

Reinlasoder v. City of Colstrip  
Date: July 19, 2016
Citation: 2016 MT 175
Docket Number: DA 15-0441

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 f...

Parker v. Safeco Ins. Co. of America  
Date: July 19, 2016
Citation: 2016 MT 173
Docket Number: DA 15-0528

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...

In re Marriage of Wagenman  
Date: July 19, 2016
Citation: 2016 MT 176
Docket Number: DA 15-0748

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 di...

State v. Rickett  
Date: July 12, 2016
Citation: 2016 MT 168
Docket Number: DA 14-0365

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...

State v. J. Kasparek
Date: July 12, 2016
Citation: 2016 MT 163
Docket Number: DA 15-0053
State v. Kasparek  
Date: July 12, 2016
Citation: 2016 MT 163
Docket Number: DA 15-0053

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 supp...

State v. M. Ankney
Date: July 12, 2016
Citation: 2016 MT 171N
Docket Number: DA 15-0269
State v. Jorgenson
Date: July 12, 2016
Citation: 2016 MT 1710N
Docket Number: DA 15-0506
In re Parenting of Z.D.L.-B  
Date: July 12, 2016
Citation: 2016 MT 164
Docket Number: DA 15-0559

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 pri...

Low v. Reick  
Date: July 12, 2016
Citation: 2016 MT 167
Docket Number: DA 15-0641

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...

Algee v. Hren  
Date: July 12, 2016
Citation: 2016 MT 166
Docket Number: DA 15-0688

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 fi...

Rimrock v. Lithia
Date: July 12, 2016
Citation: 2016 MT 165
Docket Number: DA 15-0722
Rimrock Chrysler, Inc. v. Lithia Motors, Inc.  
Date: July 12, 2016
Citation: 2016 MT 165
Docket Number: DA 15-0722

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 administrativ...

Boushie v. Windsor
Date: July 12, 2016
Citation: 2016 MT 172N
Docket Number: DA 15-0776
Montgomery v. State  
Date: July 12, 2016
Citation: 2016 MT 169
Docket Number: DA 16-0021

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 ye...

State v. Harless
Date: July 5, 2016
Citation: 2016 MT 162N
Docket Number: DA 15-0395
Canyon View Farms v. Ainslie
Date: July 5, 2016
Citation: 2016 MT 160N
Docket Number: DA 15-0668
Carrico v. Board of Public Assist.
Date: July 5, 2016
Citation: 2016 MT 161N
Docket Number: DA 15-0712
State v. Charlo-Whitworth  
Date: June 28, 2016
Citation: 2016 MT 157
Docket Number: DA 14-0307

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...

State v. Ellis-Peterson
Date: June 28, 2016
Citation: 2016 MT 159N
Docket Number: DA 15-0444
Matter of A. S. and A.M. YINC
Date: June 28, 2016
Citation: 2016 MT 156
Docket Number: DA 15-0643
In re A.S.  
Date: June 28, 2016
Citation: 2016 MT 156
Docket Number: DA 15-0643

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 pare...

Lankford v. Muhar
Date: June 28, 2016
Citation: 2016 MT 158N
Docket Number: DA 15-0719
Hanson v. State  
Date: June 21, 2016
Citation: 2016 MT 152
Docket Number: DA 15-0352

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 ba...

Britton v. Brown
Date: June 21, 2016
Citation: 2016 MT 155N
Docket Number: DA 15-0488
Marriage of Healy  
Date: June 21, 2016
Citation: 2016 MT 154
Docket Number: DA 15-0504

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 wh...

Marriage of Healy
Date: June 21, 2016
Citation: 2016 MT 154
Docket Number: DA 15-0504
Missoula v. Tye  
Date: June 21, 2016
Citation: 2016 MT 153
Docket Number: DA 15-0564

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 du...

State v. Cheetham  
Date: June 16, 2016
Citation: 2016 MT 151
Docket Number: DA 15-0156

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 discret...

Estate of White
Date: June 14, 2016
Citation: 2016 MT 148N
Docket Number: DA 15-0548
Eldorado Coop Canal Co. v. Hoge  
Date: June 14, 2016
Citation: 2016 MT 145
Docket Number: DA 15-0576

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 fro...

Catalino v. Fredericksen
Date: June 14, 2016
Citation: 2016 MT 144N
Docket Number: DA 15-0666
Ridgeway v. DPHHS
Date: June 14, 2016
Citation: 2016 MT 150N
Docket Number: DA 15-0681
Hall v. Walker et al.
Date: June 14, 2016
Citation: 2016 MT 147N
Docket Number: DA 15-0693
Zabrocki v. Teachers Ret. Sys.  
Date: June 14, 2016
Citation: 2016 MT 146
Docket Number: DA 15-0695

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. Zab...

Helvey v. Thompson
Date: June 14, 2016
Citation: 2016 MT 149N
Docket Number: DA 16-0006
Petaja v. Mont. Pub. Employees’ Ass’n  
Date: June 8, 2016
Citation: 2016 MT 143
Docket Number: DA 15-0246

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 r...

IN RE THE RULES FOR ADMISSION TO TH
Date: June 7, 2016
Docket Number: AF 11-0244
IN RE THE RULES FOR ADMISSION TO TH
Date: June 7, 2016
Docket Number: AF 11-0244
In re S.H.  
Date: June 7, 2016
Citation: 2016 MT 137
Docket Number: DA 14-0777

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....

Matter of S.H.  
Date: June 7, 2016
Citation: 2016 MT 137
Docket Number: DA 14-0777

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 t...

Giddings v. State
Date: June 7, 2016
Citation: 2016 MT 139N
Docket Number: DA 15-0138
Montana v. Weber  
Date: June 7, 2016
Citation: 2016 MT 138
Docket Number: DA 15-0254

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 s...

Matter of K.J.M.
Date: June 7, 2016
Citation: 2016 MT 141N
Docket Number: DA 15-0422
Evans v. Dow et al
Date: June 7, 2016
Citation: 2016 MT 140N
Docket Number: DA 15-0463
Martinell v. Carbon Co. Comm.  
Date: June 7, 2016
Citation: 2016 MT 136
Docket Number: DA 15-0469

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...

Marriage of Dalgarno
Date: June 7, 2016
Citation: 2016 MT 142N
Docket Number: DA 15-0522
Tyrrell v. BNSF  
Date: May 31, 2016
Citation: 2016 MT 126
Docket Number: DA 14-0825

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...

Tyrrell v. BNSF  
Date: May 31, 2016
Citation: 2016 MT 126
Docket Number: DA 14-0825

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 allegedl...

Keuffers v. O.F. Mossberg & Sons  
Date: May 31, 2016
Citation: 2016 MT 127
Docket Number: DA 15-0349

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...

Montana v. Colvin  
Date: May 31, 2016
Citation: 2016 MT 129
Docket Number: DA 15-0373

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...

Raths v. 1st Interstate
Date: May 31, 2016
Citation: 2016 MT 132N
Docket Number: DA 15-0547
Brunette v. Montana  
Date: May 31, 2016
Citation: 2016 MT 128
Docket Number: DA 15-0551

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 revo...

Guardianship of H.O.
Date: May 31, 2016
Citation: 2016 MT 133N
Docket Number: DA 15-0565
Marriage of Harrison-Simmons
Date: May 31, 2016
Citation: 2016 MT 134N
Docket Number: DA 15-0725
Gruba et al v. Public Service Commi
Date: May 31, 2016
Citation: 2016 MT 131N
Docket Number: DA 15-0736
Montana v. Hislop  
Date: May 31, 2016
Citation: 2016 MT 130
Docket Number: DA 15-0782

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 D...

Matter of L.A.A. and C.C. YINC
Date: May 31, 2016
Citation: 2016 MT 135N
Docket Number: DA 15-0784
Cruson v. Missoula Electric Coopera
Date: May 25, 2016
Citation: 2016 MT 125N
Docket Number: DA 15-0330
State v. Welty
Date: May 24, 2016
Citation: 2016 MT 123N
Docket Number: DA 14-0451
Pallister v. BCBS  
Date: May 24, 2016
Citation: 2016 MT 121
Docket Number: DA 15-0458

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 as...

Davenport v. Davidson
Date: May 24, 2016
Citation: 2016 MT 122N
Docket Number: DA 15-0553
Denturist Assoc. v Montana DOL  
Date: May 24, 2016
Citation: 2016 MT 119
Docket Number: DA 15-0580

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 l...

Parenting of C.M.R.  
Date: May 24, 2016
Citation: 2016 MT 120
Docket Number: DA 15-0637

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 w...

Matter Y.G. YINC
Date: May 24, 2016
Citation: 2016 MT 124N
Docket Number: DA 15-0646
IN RE TEMPORARY ELECTRONIC FILING R
Date: May 17, 2016
Docket Number: AF 14-0745
Jamison v. Missoula Co. Commissione
Date: May 17, 2016
Citation: 2016 MT 112N
Docket Number: DA 15-0236
Friedman v. Lasco  
Date: May 17, 2016
Citation: 2016 MT 115
Docket Number: DA 15-0241

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 th...

State v. Dovey
Date: May 17, 2016
Citation: 2016 MT 118N
Docket Number: DA 15-0496
Marriage of Stearns
Date: May 17, 2016
Citation: 2016 MT 116N
Docket Number: DA 15-0497
Pacific Hide & Fur Depot v. Emineth Custom Homes, Inc.  
Date: May 17, 2016
Citation: 2016 MT 114
Docket Number: DA 15-0503

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...

Fire Ins. Exchange v. Weitzel  
Date: May 17, 2016
Citation: 2016 MT 113
Docket Number: DA 15-0574

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 thi...

Marriage of Murphy
Date: May 17, 2016
Citation: 2016 MT 117N
Docket Number: DA 15-0632
Mark Ibsen, Inc. v. Caring for Montanans, Inc.  
Date: May 11, 2016
Citation: 2016 MT 111
Docket Number: DA 15-0205

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 Co...

State v. Sherman
Date: May 10, 2016
Citation: 2016 MT 110N
Docket Number: DA 14-0524
State v. Davis  
Date: May 10, 2016
Citation: 2016 MT 102
Docket Number: DA 14-0525

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 righ...

Montana Immigrant Justice Alliance
Date: May 10, 2016
Citation: 2016 MT 104
Docket Number: DA 15-0213
Montana Immigrant Justice Alliance v. Bullock  
Date: May 10, 2016
Citation: 2016 MT 104
Docket Number: DA 15-0213

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 com...

Moe v. Butte-Silver Bow Co.  
Date: May 10, 2016
Citation: 2016 MT 103
Docket Number: DA 15-0400

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 Plain...

Peretti v. State, Dep’t of Revenue  
Date: May 10, 2016
Citation: 2016 MT 105
Docket Number: DA 15-0526

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...

Fed National Mortgage v. Taves
Date: May 10, 2016
Citation: 2016 MT 109N
Docket Number: DA 15-0527
Fink v. Meadow Lake Estates
Date: May 10, 2016
Citation: 2016 MT 108N
Docket Number: DA 15-0563
Marriage of McLain
Date: May 10, 2016
Citation: 2016 MT 106N
Docket Number: DA 15-0699
MT Opticom v Holsinger
Date: May 10, 2016
Docket Number: DA 15-0728
Jacobson v. Bayview Loan Servicing, LLC  
Date: May 4, 2016
Citation: 2016 MT 101
Docket Number: DA 15-0108

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...

COURTS OF LIMITED JURISDICTION - Ru
Date: May 3, 2016
Docket Number: AF 12-0374
Johnson v. Wayne S. Hansen Trust  
Date: May 3, 2016
Citations: 2016 MT 46, 2016 MT 46A
Docket Number: DA 14-0478

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...

Cooksey v. State
Date: May 3, 2016
Citation: 2016 MT 99N
Docket Number: DA 15-0130
Draggin’ Y Cattle Co. v. Addink  
Date: May 3, 2016
Citation: 2016 MT 98
Docket Number: DA 15-0354

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 stem...

State v. Gilhousen
Date: May 3, 2016
Citation: 2016 MT 100N
Docket Number: DA 15-0396
State v. Crawford  
Date: April 26, 2016
Citation: 2016 MT 96
Docket Number: DA 14-0207

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 affi...

Eldorado Coop Canal Co. v. Teton Coop Reservoir Co  
Date: April 26, 2016
Citation: 2016 MT 94
Docket Number: DA 15-0034

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 det...

State v. Lance
Date: April 26, 2016
Citation: 2016 MT 97N
Docket Number: DA 15-0329
Ray v. Connell  
Date: April 26, 2016
Citation: 2016 MT 95
Docket Number: DA 15-0543

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 g...

In re Parenting of C.J.  
Date: April 20, 2016
Citation: 2016 MT 93
Docket Number: DA 15-0542

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...

State v. Bruce
Date: April 19, 2016
Citation: 2016 MT 92N
Docket Number: DA 14-0620
Employers Mut. Cas. Co. v. Slack  
Date: April 19, 2016
Citation: 2016 MT 91
Docket Number: DA 15-0429

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 fil...

Uniform District Court Rules
Date: April 13, 2016
Docket Number: AF 07-0110
Uniform District Court Rules
Date: April 13, 2016
Docket Number: AF 07-0110
Mashek v. Dep’t of Pub. Health & Human Servs.  
Date: April 12, 2016
Citation: 2016 MT 86
Docket Number: DA 15-0410

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,...

Alvarez v. Geshell
Date: April 12, 2016
Citation: 2016 MT 88N
Docket Number: DA 15-0450
Alvarez v. Geshell
Date: April 12, 2016
Citation: 2016 MT 88N
Docket Number: DA 15-0450
Asarco LLC v. Atlantic Richfield Co.  
Date: April 12, 2016
Citation: 2016 MT 90
Docket Number: DA 15-0464

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 Asa...

Matter of N. A. A.A. N.A. Z.A.
Date: April 12, 2016
Citation: 2016 MT 89N
Docket Number: DA 15-0482
Estates v. Whitefish
Date: April 12, 2016
Citation: 2016 MT 87N
Docket Number: DA 15-0486
Estates v. Whitefish
Date: April 12, 2016
Citation: 2016 MT 87N
Docket Number: DA 15-0486
State v. Moog
Date: April 5, 2016
Citation: 2016 MT 82N
Docket Number: DA 14-0557
Fenwick v. State  
Date: April 5, 2016
Citation: 2016 MT 80
Docket Number: DA 15-0252

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...

King v. State
Date: April 5, 2016
Citation: 2016 MT 85N
Docket Number: DA 15-0374
In re Parenting of M.M.K.  
Date: April 5, 2016
Citation: 2016 MT 81
Docket Number: DA 15-0524

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...

Welscott v. Allstate
Date: April 5, 2016
Citation: 2016 MT 83N
Docket Number: DA 15-0588
State v. Shaffer
Date: April 5, 2016
Citation: 2016 MT 84N
Docket Number: DA 15-0597
Curry v. Pondera County Canal & Reservoir Co.  
Date: March 29, 2016
Citation: 2016 MT 77
Docket Number: DA 14-0529

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...

Stonehocker v. Gulf Ins. Co.  
Date: March 29, 2016
Citation: 2016 MT 78
Docket Number: DA 15-0139

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 benefit...

State v. Cooksey
Date: March 29, 2016
Citation: 2016 MT 75N
Docket Number: DA 15-0198
Matter of P.V. YINC
Date: March 29, 2016
Citation: 2016 MT 79N
Docket Number: DA 15-0421
Matter of K. B. YINC
Date: March 29, 2016
Citation: 2016 MT 73
Docket Number: DA 15-0549
In re K.B.  
Date: March 29, 2016
Citation: 2016 MT 73
Docket Number: DA 15-0549

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 terminati...

Marriage of Wall
Date: March 29, 2016
Citation: 2016 MT 74N
Docket Number: DA 15-0556
Reed v. Macpheat
Date: March 29, 2016
Citation: 2016 MT 76N
Docket Number: DA 15-0622
Matter of P.H.
Date: March 22, 2016
Citation: 2016 MT 72N
Docket Number: DA 14-0560
Russell v. State  
Date: March 22, 2016
Citation: 2016 MT 69
Docket Number: DA 14-0584

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...

Heavygun v. State  
Date: March 22, 2016
Citation: 2016 MT 66
Docket Number: DA 14-0815

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 app...

In re S.G.R.  
Date: March 22, 2016
Docket Number: DA 15-0077

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 psycholog...

In re J.B.  
Date: March 22, 2016
Citation: 2016 MT 68
Docket Number: DA 15-0356

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 P...

State v. Reimer
Date: March 22, 2016
Citation: 2016 MT 71N
Docket Number: DA 15-0409
State v. Langley  
Date: March 22, 2016
Citation: 2016 MT 67
Docket Number: DA 15-0538

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 dist...

City of Kalispell v. Omyer Athy
Date: March 15, 2016
Citation: 2016 MT 63
Docket Number: DA 14-0511
City of Kalispell v. Omyer  
Date: March 15, 2016
Citation: 2016 MT 63
Docket Number: DA 14-0511

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 separat...

Wohl v. City of Missoula
Date: March 15, 2016
Citation: 2016 MT 64N
Docket Number: DA 15-0274
State v. D. Banks
Date: March 15, 2016
Citation: 2016 MT 65N
Docket Number: DA 15-0288
Wicklund v. Sundheim  
Date: March 9, 2016
Citation: 2016 MT 62
Docket Number: DA 15-0263

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...

State v. Paquette
Date: March 8, 2016
Citation: 2016 MT 54N
Docket Number: DA 14-0360
Volk v. Goeser  
Date: March 8, 2016
Citation: 2016 MT 61
Docket Number: DA 14-0747

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 restra...

Howard v. State
Date: March 8, 2016
Citation: 2016 MT 58N
Docket Number: DA 15-0014
State v. Maier
Date: March 8, 2016
Citation: 2016 MT 57N
Docket Number: DA 15-0164
Runkle v. Allen
Date: March 8, 2016
Citation: 2016 MT 55N
Docket Number: DA 15-0336
Olhausen v. H H Contracting
Date: March 8, 2016
Citation: 2016 MT 53N
Docket Number: DA 15-0367
In Marriage of Bliss  
Date: March 8, 2016
Citation: 2016 MT 51
Docket Number: DA 15-0381

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 durin...

Matter of E.O. and N.B. YINC
Date: March 8, 2016
Citation: 2016 MT 59N
Docket Number: DA 15-0413
State v. Guill
Date: March 8, 2016
Citation: 2016 MT 56N
Docket Number: DA 15-0416
State v. M. Brown
Date: March 8, 2016
Citation: 2016 MT 60N
Docket Number: DA 15-0440
In re Marriage of Davis  
Date: March 8, 2016
Citation: 2016 MT 52
Docket Number: DA 15-0619

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 betwee...

Discover Bank v. Ossello  
Date: March 2, 2016
Citation: 2016 MT 50
Docket Number: DA 15-0301

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 stopp...

State v. Awbery  
Date: March 1, 2016
Citation: 2016 MT 48
Docket Number: DA 14-0255

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 young...

Johnson v. Wayne S. Hansen Trust  
Date: March 1, 2016
Citation: 2016 MT 46
Docket Number: DA 14-0478

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 propert...

Bergum v. Musselshell County  
Date: March 1, 2016
Citation: 2016 MT 47
Docket Number: DA 15-0328

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...

Fellows v. Giese v. Saylor
Date: March 1, 2016
Citation: 2016 MT 45
Docket Number: DA 15-0392
Fellows v. Saylor  
Date: March 1, 2016
Citation: 2016 MT 45
Docket Number: DA 15-0392

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 Su...

Reed v. Indigo Faith
Date: March 1, 2016
Citation: 2016 MT 49N
Docket Number: DA 15-0459
Montana Cannabis et al. v. State
Date: February 25, 2016
Citation: 2016 MT 44
Docket Number: DA 15-0055
Mont. Cannabis Indus. Ass’n v. State  
Date: February 25, 2016
Citation: 2016 MT 44
Docket Number: DA 15-0055

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 distric...

State v. Colburn  
Date: February 23, 2016
Docket Number: DA 14-0181

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...

State v. Kant
Date: February 23, 2016
Citation: 2016 MT 42
Docket Number: DA 15-0403
State v. Kant
Date: February 23, 2016
Citation: 2016 MT 42
Docket Number: DA 15-0403
State v. Kant  
Date: February 23, 2016
Citation: 2016 MT 42
Docket Number: DA 15-0403

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...

Sparks v. Emmert  
Date: February 23, 2016
Citation: 2016 MT 43
Docket Number: DA 15-0530

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 i...

State v. Strizich
Date: February 16, 2016
Citation: 2016 MT 36N
Docket Number: DA 14-0164
JAS, Inc. v. Eisele  
Date: February 16, 2016
Citation: 2016 MT 33
Docket Number: DA 15-0177

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 Ban...

Shockley v. Cascade Co.
Date: February 16, 2016
Citation: 2016 MT 34
Docket Number: DA 15-0361
Shockley v. Cascade County  
Date: February 16, 2016
Citation: 2016 MT 34
Docket Number: DA 15-0361

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 se...

Matter of E.E.
Date: February 16, 2016
Citation: 2016 MT 38N
Docket Number: DA 15-0362
In re J.H.  
Date: February 16, 2016
Citation: 2016 MT 35
Docket Number: DA 15-0368

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...

Shaffer v. State
Date: February 16, 2016
Citation: 2016 MT 39N
Docket Number: DA 15-0397
Parenting of Ludeman
Date: February 16, 2016
Citation: 2016 MT 37N
Docket Number: DA 15-0436
Matter of M.A.W. M.L.W. K.R.T.
Date: February 16, 2016
Citation: 2016 MT 40N
Docket Number: DA 15-0491
State v. Ballinger  
Date: February 9, 2016
Citation: 2016 MT 30
Docket Number: DA 14-0544

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...

Matter of T. A. D. a Youth
Date: February 9, 2016
Citation: 2016 MT 31N
Docket Number: DA 15-0042
Davis v. Montana Patriot LLC
Date: February 9, 2016
Docket Number: DA 15-0331
Stafford v. Fockaert  
Date: February 9, 2016
Citation: 2016 MT 28
Docket Number: DA 15-0345

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...

Shelhamer v. Hodges  
Date: February 9, 2016
Citation: 2016 MT 29
Docket Number: DA 15-0420

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 modifi...

State v. C. Johnson
Date: February 2, 2016
Citation: 2016 MT 26N
Docket Number: DA 15-0099
In re K.A.  
Date: February 2, 2016
Citation: 2016 MT 27
Docket Number: DA 15-0160

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 cus...

Kinnaman v. Mountain West Bank, N.A.  
Date: February 2, 2016
Citation: 2016 MT 25
Docket Number: DA 15-0305

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 (B...

State v. Hancock  
Date: January 26, 2016
Citation: 2016 MT 21
Docket Number: DA 14-0596

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, includin...

Parenting of DCNH a Minor
Date: January 26, 2016
Citation: 2016 MT 24N
Docket Number: DA 14-0624
Hauer v. State
Date: January 26, 2016
Citation: 2016 MT 23N
Docket Number: DA 15-0065
Jardine v. Schwartz  
Date: January 26, 2016
Citation: 2016 MT 22
Docket Number: DA 15-0218

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 coul...

Interstate Explorations, LLC v. Morgen Farm & Ranch, Inc.  
Date: January 26, 2016
Citation: 2016 MT 20
Docket Number: DA 15-0472

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...

State v. McAlister  
Date: January 19, 2016
Citation: 2016 MT 14
Docket Number: DA 13-0856

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 par...

State v. Follette
Date: January 19, 2016
Citation: 2016 MT 16N
Docket Number: DA 14-0182
Matter of J. F.
Date: January 19, 2016
Citation: 2016 MT 15N
Docket Number: DA 15-0204
Wickham v. State
Date: January 19, 2016
Citation: 2016 MT 17N
Docket Number: DA 15-0222
Marriage of Plotner
Date: January 19, 2016
Citation: 2016 MT 18N
Docket Number: DA 15-0244
Lindeen v. Converse
Date: January 19, 2016
Citation: 2016 MT 19N
Docket Number: DA 15-0342
Harbor Village Homeowners Assoc. v.
Date: January 14, 2016
Citation: 2016 MT 13N
Docket Number: DA 15-0337
Kohler v. Keller
Date: January 12, 2016
Citation: 2016 MT 11N
Docket Number: DA 12-0600
Kohler v. Keller
Date: January 12, 2016
Citation: 2016 MT 11N
Docket Number: DA 12-0600
Westchester Surplus Lines Ins. Co. v. Keller Transport, Inc.  
Date: January 12, 2016
Citation: 2016 MT 6
Docket Number: DA 14-0278

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...

State v. Deshazer
Date: January 12, 2016
Citation: 2016 MT 8
Docket Number: DA 14-0551
State v. Deshazer  
Date: January 12, 2016
Citation: 2016 MT 8
Docket Number: DA 14-0551

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...

Cleveland v. Ward  
Date: January 12, 2016
Citation: 2016 MT 10
Docket Number: DA 15-0123

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...

Mont. Envtl. Info. Ctr. v. Mont. Dep’t of Envtl. Quality  
Date: January 12, 2016
Citation: 2016 MT 9
Docket Number: DA 15-0208

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) go...

McCartney v. Barnekoff
Date: January 12, 2016
Citation: 2016 MT 12N
Docket Number: DA 15-0219
In re Marriage of Rose  
Date: January 12, 2016
Citation: 2016 MT 7
Docket Number: DA 15-0353

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...

State v. Stewart  
Date: January 5, 2016
Citation: 2016 MT 1
Docket Number: DA 13-0623

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. De...

State v. Segna
Date: January 5, 2016
Citation: 2016 MT 4N
Docket Number: DA 14-0568
Brandenburg v. State
Date: January 5, 2016
Citation: 2016 MT 5N
Docket Number: DA 15-0291
In re C.W.E.  
Date: January 5, 2016
Citation: 2016 MT 2
Docket Number: DA 15-0386

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 unf...

Guymon v. Corrigan
Date: January 5, 2016
Citation: 2016 MT 3N
Docket Number: DA 15-0467
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