PETROLEUM TANK RELEASE: County entitled to mandate requiring review of applications for reimbursement for costs of remediating damage caused by contaminants released from its tanks… Menahan reversed. [Read more…]
Junque files I, emergency stay petition
JUNQUE FILES I: State’s emergency motion to stay Kutzman’s order granting preliminary injunction to Plaintiffs challenging Legislative Services’ denial of access to background information of proposed bills denied without prejudice… Order. [Read more…]
Wrongful discharge, Flathead Basin Commission ED
WRONGFUL DISCHARGE: Flathead Basin Commission ED properly found to be employee of DNRC which had good cause to terminate her for financial improprieties… Seeley affirmed. [Read more…]
Petroleum release fund, fees, costs, unjust enrichment
PETROLEUM TANK RELEASE COMP FUND: County’s request for attorney fees, costs, interest, unjust enrichment damages statutorily prohibited despite being “prevailing party”… Menahan affirmed. [Read more…]
Amendment, affirmative defense 4 years after deadline
AMENDMENT: Supervisory control of Dayton denied as to allowing affirmative defense 4 years after deadline… order. [Read more…]
Judicial appointments, SB 140 appointments by Governor
JUDICIAL APPOINTMENTS: SB 140 direct appointment by Governor does not violate Art. VII §8(2)… original proceeding. [Read more…]
Elections, ballot interference, election day deadline
ELECTIONS: Preliminary injunction properly granted against ballot-delivery restriction, improperly granted against election-day ballot deadline… Harris affirmed, reversed. [Read more…]
Elections, ballot deadline, cure deadline
ELECTIONS: Harris’s order declaring unconstitutional the Election Day Ballot Deadline and Cure Deadline statutes and enjoining their enforcement for the 11/3 election is stayed… order. [Read more…]
Plea withdrawal after boot camp repeal
PLEA WITHDRAWAL by aggravated assault/rape Defendant whose plea agreement contemplated acceptance into later-repealed boot camp properly denied… Larson affirmed. [Read more…]
Elections, mail ballots receipt deadline
ELECTIONS: Order by Harris enjoining election-day receipt deadline for mail ballots stayed pending consideration of appeal on the merits… order. [Read more…]