Broad Reach Power, LLC v. Mont. Dep't of Service Regulation
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The Supreme Court affirmed the order entered by the district court granting summary judgment to the Public Service Commission (PSC) and dismissing Appellants' claim that Mont. Code Ann. 69-2-102 was unconstitutional, holding that this matter lacked a justiciable controversy.
Appellants filed a petition seeking a judgment declaring that the PSC's contested case procedures were unconstitutional. Specifically, Appellants alleged that the PSC's application of section 69-2-102 was unconstitutional as applied. The district court granted summary judgment to the PSC, dismissing Appellants' challenges against the statute on justiciability grounds. The Supreme Court affirmed, holding that the district court did not err in concluding that Appellants lacked standing to challenge, on due process grounds, the constitutionality of section 69-2-102.
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