Justia Government & Administrative Law Opinion Summaries

Articles Posted in Montana Supreme Court
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Appellant was an officer with the Glacier County Sheriff’s Office (GCSO) from 1995 to 2010 and occasionally investigated the deaths of people he knew. In 2010, Appellant pled guilty to two misdemeanors and resigned from the GCSO. In 2011, Appellant applied for disability retirement benefits from the Sheriffs’ Retirement Systems, alleging that he was permanently disabled due the post-traumatic stress disorder (PTSD) he developed while working at the GCSO. The Montana Public Employees’ Retirement Board (PERB) denied Appellant’s disability claim, concluding that Appellant’s PTSD was not permanently disabling. The district court affirmed PERB’s decision to deny benefits. The Supreme Court affirmed, holding that the district court did not misapprehend the effect of the evidence presented and properly determined that the findings of PERB were not clearly erroneous. View "Fauque v. Mont. Pub. Employees Ret. Bd." on Justia Law

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In 2010, the City of Whitefish passed Resolution 10-46, which authorized the City to enter into an interlocal agreement with Flathead County concerning planning and zoning authority over a two-mile area surrounding the City. In 2011, voters in Whitehead passed a referendum repealing the Resolution. Plaintiffs, residents of the City and the County, filed the present lawsuit claiming that the citizens’ power of referendum and initiative did not extend to the Resolution. The district court agreed with Plaintiffs and granted summary judgment to Plaintiffs and the County. The Supreme Court affirmed, holding that the district court (1) did not err by not dismissing the suit as untimely based upon the doctrine of laches; and (2) did not err by determining that the Resolution was not subject to the right of voter initiative and referendum because the Resolution was an administrative act by the City. View "Phillips v. City of Whitefish" on Justia Law

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This matter comprised two joined cases, both involving claims to water diverted from the South Fork of Dupuyer Creek in Two Medicine River Basin, into Gansman Coulee, for irrigation in the Teton River Basin. Two sets of claimants (“Duncan” and “Skelton”) filed statements of claim for existing rights. A canal and reservoir company (“Pondera”) appeared in the adjudication of Duncan’s and Skelton’s claims. The Montana Water Court amended the Water Master’s Report and adopted it as amended. Duncan and Skelton appealed. The Supreme Court affirmed, holding (1) the Chief Water Judge properly admitted historical documents prepared by Pondera in anticipation of litigation under the ancient document exception to the hearsay rule; (2) the Chief Water Judge correctly rejected the Master’s findings regarding certain variables used to determine the historical capacity of a flume on the Thomas ditch; (3) the Chief Water Judge correctly determined that portions of the claimants’ water rights had been abandoned or never perfected; and (4) the Chief Water Judge correctly adopted the Master’s conclusion that the claimants did not acquire any water rights by adverse possession. View "Skelton Ranch, Inc. v. Pondera County Canal & Reservoir Co." on Justia Law

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This case involved a dispute over the water rights to a well (“disputed well”). In 1982, Carl Kambich filed a statement of claim for existing water rights. In 1990, Kambich filed a notice of transfer of water right to Randall and Ila Mae Brooks. The current Water Court case involved the claim originally filed by Kambich and amended by the Brooks. Ernest Nelson objected to the claim, arguing that he was the owner of the disputed well. After a hearing, the Water Master found that the claim belonged to the Brooks and that, although Nelson had presented some valid questions regarding the history of the well, he had failed to overcome the prima facie proof in the statement of claim. The Water Court dismissed Nelson’s objections to the water rights claim by the Brooks. The Supreme Court affirmed the Water Court’s order, holding that the Brooks’ well claim was valid. View "Nelson v. Brooks" on Justia Law

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In 2012, the Montana Board of Oil and Gas Conservation (MBOGC) adopted special statewide temporary spacing units for certain wells. Petitioners = filed a petition for judicial review of MBOGC’s order, stating that it was filed pursuant to Mont. Code Ann. 82-11-144 and Mont. Code Ann. 2-4-702. The district court dismissed Petitioners’ proceeding, stating that the “sole remedy for a person aggrieved by an order of the MBOGC was a challenge under Montana Code Ann. 82-11-144.” The Supreme Court reversed, holding that the district court erred in dismissing the action, as Petitioners’ allegations, coupled with their express reliance upon section 82-11-144 as a legal basis for their petition, should have been sufficient to save their petition from dismissal on the ground that they had not pursued their “sole remedy” of proceeding under that statute. View "Ostby v. Bd. of Oil & Gas Conservation" on Justia Law

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Petitioners filed a combined petition challenging the legal sufficiency of Initiative No. 171 (I-171), a proposed ballot measure that would prohibit the state and its political subdivisions from using funds, resources, or personnel to administer or enforce the federal Affordable Care Act, among other things. Petitioners sought an order enjoining the Secretary of State from approving petitions for circulation to the electorate for signatures or otherwise submitting the measure for approval by the voters and further sought a declaration that I-171 was unconstitutional and void. The Supreme Court denied the petition, holding (1) the Attorney General correctly determined that I-171 was legally sufficient; and (2) the ballot statements for I-171 satisfy the requirements of law. View "Hoffman v. State" on Justia Law

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Appellant filed an application with the Montana Board of Psychologists to become licensed as a psychologist. The Board denied the application on the ground that Appellant did not meet the education-related qualifications. Following a requested case hearing, the hearing officer entered proposed findings of fact and conclusions of law in favor of Appellant, and accordingly, recommended that the Board grant Appellant’s application for licensure as a psychologist. The Board rejected or modified several of the hearing officer’s findings and conclusions and reinstated its denial of Appellant’s application. The district court affirmed the Board. The Supreme Court affirmed, holding that the Board did not misapply the standards of review in reinstating its denial of Appellant’s application, and the district court did not err in affirming the Board’s final agency decision. View "Mayer v. Bd. of Psychologists" on Justia Law

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Plaintiff, registered voters seeking to invalidate the Montana Districting and Apportionment Commission’s (Commission) assignment of two “holdover senators” in its final 2013 redistricting plan, filed a complaint against the State and Secretary of State (collectively, "State") seeking injunctive and declaratory relief. The district court granted the State’s motion for summary judgment and denied Plaintiff’s motion for summary judgment. The Supreme Court affirmed, holding that the district court did not err in concluding that (1) the Commission did not violate the public’s “right to know”; (2) the Commission is part of the legislative branch and is not an agency, and that it is therefore exempt from statutes promulgating the right of participation; and (3) Plaintiffs’ argument that the Commission violated Plaintiffs’ right of suffrage was without merit. View "Willems v. State" on Justia Law

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From 2003 to 2011, Jasvinder Singh worked for America’s Best Contractors, Inc. (ABC) as a salesperson and estimator. After his employment with ABC ended, Singh filed a claim with the Montana Department of Labor and Industry (DOLI), alleging that he was owed unpaid commissions for the period of June 2010 to June 2011. The DOLI hearings bureau determined that ABC owed Singh unpaid commissions and a penalty totaling $60,575. The district court affirmed DOLI’s final agency decision. The Supreme Court affirmed, holding (1) the hearing officer did not adjudicate collateral matters beyond DOLI’s jurisdiction when he excluded certain payments; and (2) the hearing officer’s factual determinations that certain checks issued to Singh were payments on collateral obligations were supported by the evidence. View "America's Best Contractors, Inc. v. Singh" on Justia Law

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C.S., who turned eighteen in March 2012, received special education services from the Butte School District until June 2013. In January 2013, the Montana Office of Public Instruction directed the School District to obtain appointment of a surrogate parent for C.S., who lived with his Foster Father, for educational purposes. The district court subsequently appointed Mary Jo Mahoney as C.S.’s surrogate parent. In March 2013, C.S. filed a motion to vacate the appointment of Mahoney and to substitute Foster Father as his surrogate parent. The court denied the request. The Supreme Court reversed, holding (1) the district court’s refusal to vacate its appointment of Mahoney was not mooted even though C.S. no longer qualified for special education services from the School District; and (2) the district court erred when it refused to remove Mahoney and appoint Foster Father as C.S.’s surrogate parent for educational purposes. View "In re C.S." on Justia Law