Cascade Co. v. Montana Petroleum Tank Release Compensation Board
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In this dispute between Cascade County and the Montana Petroleum Tank Release Compensation Board regarding reimbursement for the cost of remediating petroleum contamination at the County's shop complex the Supreme Court affirmed in part and reversed in part the judgment of the district court on judicial review, holding that the district court erred in remanding the case to the Board to address issues the Board rejected.
The Board concluded that the County was time barred from recovery by Mont. Code Ann. 27-2-231. The district court concluded that the Board erred when it relied on section 27-2-231 because the procedure for reimbursement is provided in Mont. Code Ann. 75-11-309. The court, however, remanded the case to the Board for further fact-finding. The Supreme Court reversed in part, holding (1) the district court did not err in determining that section 27-2-231 did not time bar the County from submitting additional applications for eligibility to the Board; and (2) the district court erred in remanding the case to the Board to rule on the issues it rejected in its final decision.
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