Totem Beverages, Inc. v. Great Falls-Cascade County City-County Board of HealthAnnotate this Case
The Supreme Court reversed the judgment of the district court determining that a regulation of the Great Falls/Cascade County City-County Board of Health (Board) was invalid, holding that the Board was entitled to summary judgment.
The Board claimed that Totem Beverages, Inc. violated the regulation at issue, which was intended to provide clarity regarding smoking shelters. Totem brought this action seeking injunctive and declaratory relief. The district court granted Totem's motion for summary judgment and denied the Board's, concluding that the regulation conflicted with the Montana Clean Indoor Air Act (MCIAA) and Department of Health and Human Services (DPHHS) rules, in violation of Mont. Code Ann. 50-2-116(2)(c)(vi). Both parties appealed. The Supreme Court reversed and remanded for further proceedings, holding (1) the regulation did not conflict with the MCIAA or DPHHS rules; and (2) the district court erred by dismissing Totem's selective enforcement claim.