Justia Government & Administrative Law Opinion Summaries

Articles Posted in Montana Supreme Court
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The Supreme Court affirmed the order of the district court granting summary judgment in favor of the City of Whitefish and affirming the Whitefish City Council's decisions to deny a conditional use permit (CUP) and grant Resolution 21-43, which denied the permit, holding that there was no error in the proceedings below.Whitefish 57 Commercial, LLC and Rimrock Companies, LLC (collectively, Appellants) applied for a CUP to develop a hotel on a lot of their subdivision. After a public hearing on the development project the Council adopted Resolution 21-43 that denied the permit. Appellants appealed, claiming that the Council abused its discretion in denying their CUP. The district court granted summary judgment against Appellants. View "Whitefish 57 Commercial, LLC v. City of Whitefish" on Justia Law

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The Supreme Court reversed the order of the district court in this tax appeal, holding that the district court erred by concluding that Mont. Code Ann. 15-30-2119, the NOL statute, operates as a dollar-for-dollar offset provision that indirectly taxes out-of-state income.At issue was the decision of the Department of Revenue to deny nonresident taxpayers Franklin and Janet Tiegs a carryover net operating loss (NOL) deduction on their 2014 and 2015 Montana income tax returns. The Montana Tax Appeal Board upheld the Department's decision, but the district court reversed, concluding that Mont. Code Ann. 15-30-2119 was unconstitutional because it authorized taxation of non-Montana income. The Supreme Court reversed, holding that the district court (1) erred by holding that the general use of out-of-state income within the Montana income tax framework violated Mont. Code Ann. 15-30-2102 and federal constitutional principles; and (2) erred by concluding that section 15-30-2119 constitutes impermissible taxation of income outside of Montana's jurisdictional reach. View "Tiegs v. State, Dep't of Revenue" on Justia Law

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The Supreme Court affirmed the decision of the district court denying Hamilton Southside Historic Preservation Association's (HSHPA) petition for a writ of certiorari challenging four decisions of the Hamilton Zoning Board of Adjustment (ZBA), holding that the district court did not err.Specifically, the Supreme Court held that the district court did not err in determining that the ZBA did not abuse its discretion when it (1) issued a conditional use permit to the Roman Catholic Bishop of Helena to construct and use a new church structure after demolition of the St. Francis Catholic Church; (2) approved a rear-yard setback variance; (3) approved a steeple height variance; and (4) upheld the zoning administrator's approval of a joint use parking agreement for the new structure. View "Hamilton Historic Preservation Ass'n v. Zoning Bd. of Adjustment" on Justia Law

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The Supreme Court affirmed the judgment and orders approving a settlement between Robert Allum and Montana State Fund and dismissing Allum's claims for benefits, holding that Allum resolved all of his dispute benefits, and therefore, the Workers' Compensation Court (WCC) did not have jurisdiction over Allum's remaining stand-alone constitutional challenges.The State Fund accepted liability for the knee injury Allum received at work. Later, Allum notified State Fund that he also asserted a back condition resultant from his knee injury. Allum filed a petition seeking a hearing on his injury claims and also sought a hearing on his claims challenging the constitutionality of the Montana Workers' Compensation Act and the WCC. Allum and State Fund settled the injury claims prior to trial. The WCC approved the settlement agreement and then concluded that it lacked jurisdiction to address Allum's constitutional challenges because Allum had resolved all of his benefit disputes. The Supreme Court affirmed, holding that the WCC's conclusions of law were correct. View "Allum v. Mont. State Fund" on Justia Law

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The Supreme Court affirmed the order of the district court denying Appellant's motion to dismiss a complaint citing him with violating 49 C.F.R. 393.11, incorporated by Mont. Code Ann. 61-10-154, which required a red light to be affixed to protruding loads, holding that the district court did not err by denying Appellant's motion to dismiss for unlawful delegation of legislative authority.After Appellant was convicted in justice court he appealed de novo to the district court, arguing that section 61-10-154, which authorizes the Montana Department of Transportation to adopt rules and regulations, and Mont. Code Ann. 61-9-512, which criminalizes violations of regulations adopted pursuant to section 61-10-154, constituted an unconstitutional delegation of legislative power to an administrative body. The district court denied the motion. The Supreme Court affirmed, holding that the legislature did not delegate the lawmaking function, as argued by Appellant. View "State v. Akhmedli" on Justia Law

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The Supreme Court affirmed Defendant's conviction of assault with a weapon and his commitment to the Department of Public Health and Human Service (DPHHS) for the duration of his twenty-year sentence with ten years suspended, holding that Defendant was not entitled to relief on his allegations of error.Defendant pleaded guilty to assault with a weapon, and the parties agreed to recommend that Defendant be committed to the Department of Public Health and Human Services (DPHHS) for the duration of his sentence. Defendant was subsequently sentenced to twenty years in DPHHS's custody with ten years suspended. Defendant appealed, arguing that the district court unjustly resumed his criminal proceedings due to the lengthy period between his arrest and the date he regained fitness to stand trial. The Supreme Court affirmed, holding that the district court did not err in denying Defendant's motion to dismiss because resuming Defendant's criminal proceedings was not unjust. View "State v. Gibson" on Justia Law

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The Supreme Court affirmed in part and reversed in part the judgment of the district court determining that the Montana Department of Natural Resources and Conservation (DNRC) erred in granting Montana Artesian Water Company's application for a beneficial use permit and denying Objectors' motion for attorney fees, holding that the district court erred in denying Objectors' motion for attorney fees.The district court vacated the DNRC's order granting Artesian's application for the permit and remanded the case on the grounds that the DNRC improperly relied on an internal agency memorandum in analyzing availability. Artesian appealed, and the Objectors in this case - Flathead Lakers Inc. and Water for Flathead's Future - cross appealed from the deemed denial of their motion for attorney fees. The Supreme Court held that the district court (1) erred by determining that DNRC erroneously granted Artesian's application for a beneficial use permit; and (2) abused its discretion by denying Objectors' fee motion by operation of law. View "Flathead Lakers Inc. v. Mont. Dep't of Natural Resources & Conservation" on Justia Law

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The Supreme Court reversed the decision of the district court granting summary judgment to Water for Flathead's Future (WFF) and vacating the Montana Pollutant Discharge Elimination System (MPDES) permit issued by the Montana Department of Environmental Quality (DEQ) to Artesian Water Company, holding that the district court erred.In granting summary judgment, the district court determined that the DEQ had erred by (1) submitting inadequate responses to the comments from the Environmental Protection Agency (EPA) and the United States Fish and Wildlife Services (WSFWS), and (2) DEQ's analysis of the permit's environmental impact was inadequate. The Supreme Court reversed, holding (1) this matter has not been mooted; (2) the district court improperly substituted its own judgment for the agency's in concluding that DEQ, in issuing the permit, had failed to give a "hard look" at relevant concerns; (3) the district court erred by holding that DEQ improperly considered only the volume of water that would be discharged under MPDES permit rather than the full volume of water authorized for use under the DNRC's water use permit; and (4) the district court erred by vacating the permit. View "State v. Noli" on Justia Law

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The Supreme Court reversed the decision of the district court granting summary judgment to Water for Flathead's Future (WFF) and vacating the Montana Pollutant Discharge Elimination System (MPDES) permit issued by the Montana Department of Environmental Quality (DEQ) to Artesian Water Company, holding that the district court erred.In granting summary judgment, the district court determined that the DEQ had erred by (1) submitting responses to the comments from the Environmental Protection Agency (EPA) and the United States Fish and Wildlife Services (WSFWS) that were inadequate, and (2) DEQ's analysis of the permit's environmental impact was inadequate. The Supreme Court reversed, holding (1) this matter has not been mooted; (2) the district court improperly substituted its own judgment for the agency's in concluding that DEQ, in issuing the permit, had failed to give a "hard look" at relevant concerns; (3) the district court erred by holding that DEQ improperly considered only the volume of water that would be discharged under MPDES permit rather than the full volume of water authorized for use under the DNRC's water use permit; and (4) the district court erred by vacating the permit. View "Water for Flathead's Future, Inc. v. Mont. Dep't of Environmental Quality" on Justia Law

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The Supreme Court affirmed the decision of the district court granting summary judgment to the Montana Department of Transportation (MDT) and ruling that Kageco Orchards, LLC's requests for declaratory judgment relief and mandamus were correctly denied, holding that the district court did not err.Kageco filed suit against MDT alleging that the placement of certain mailboxes within MDT's right of way created a potential hazard and interfered with Kageco's lawful use of an approach from a highway to its property. Kageco sought a declaratory judgment and, alternatively, a writ of mandamus seeking to have the mailboxes removed and relocated. The district court granted judgment to MDT. The Supreme Court affirmed, holding that the district court (1) did not err in determining that Kageco did not have standing to pursue its claim for declaratory relief because there was no justiciable case or controversy; and (2) did not err in denying Kageco's request for a writ of mandamus because MDT's acts were discretionary as opposed to ministerial. View "Kageco v. Mont. Dep't of Transportation" on Justia Law