Burns v. County of Musselshell
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The Supreme Court reversed the order of the district court denying Appellant's motion for attorney fees under either the private attorney general doctrine or Mont. Code Ann. 13-36-205, holding that the district court abused its discretion in denying fees under the private attorney general doctrine.
Appellant won the primary election for the Republican nomination for Sheriff of Musselshell County. Appellant's opponent, Ronnie Burns, filed a petition for a court-ordered recount. The court ordered a recount with parameters set forth by Burns. Appellant intervened in the case and sought an emergency hearing to challenge the parameters as violations of Mont. Code Ann. 13-15-206. The district court found that the parameters were inconsistent with the requirements of the statute and vacated its prior orders. The court subsequently concluded that Appellant had not met the criteria for an award of attorney fees pursuant to the private attorney general doctrine. The Supreme Court reversed, holding that the district court abused its discretion in denying attorney fees to Appellant because the County's actions required Appellant to defend the electoral process for the benefit of all County voters, not merely to exercise his rights to be heard in the proceedings and to be present and represented at any recount.
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