TAXES: Resort services fee not subject to Lodging Facilities Use Tax but subject to Sales Tax… forfeited guest deposits not subject to either tax… Berger affirmed. [Read more…]
Appellate disqualification, Rule of Necessity
APPELLATE DISQUALIFICATION: Rule of Necessity invoked to deny Legislature’s motion to disqualify Supreme Court Justices in test of Legislature’s power to issue investigative subpoenas in connection with alleged misconduct by Judiciary involving MJA poll relating to SB 140… disqualification would apply to every judge and justice in Montana, leaving no judge to adjudicate… opinion & order. [Read more…]
Insurance, snowplow/auto, $750,000 liability cap
INSURANCE: Supervisory control of McElyea’s ruling that County’s insurer in snowplow/auto MVA cannot rely on §2-9-108(1) $750,000 liability cap because policy contains limits in excess of cap denied… order. [Read more…]
Property taxes, condemned water company tax refund
PROPERTY TAXES: Condemned water company’s request for tax refund properly denied, but because proration did not occur in condemnation proceeding, not on grounds of unjust enrichment… Halligan affirmed (other grounds). [Read more…]
Libby asbestos claims against BN, supervisory control
LIBBY ASBESTOS claims against BN not preempted by FRSA or HMTA… BN subject to strict liability because handling of asbestos constitutes abnormally dangerous activity, but protected from liability under Restatement of Torts §521 for actions taken pursuant to statutory public duty, for those actions is subject only to ordinary negligence… BN may not refute causation by offering Grace’s conduct as a substantial factor or superseding intervening cause of injuries… Eddy affirmed, reversed on supervisory control. [Read more…]
Mine trespass, no valuable mineral deposits, no trespass
MINE TRESPASS: Because there were no valuable mineral deposits on Subject Claims, Wheelis improperly granted summary judgment for trespass claimants in 2013 (summary judgment was basis of damages-only ruling by Cuffe in 2018 trial which resulted in $3,325,000 verdict for owners of unpatented mining claims crossed by tunnel constructed to access patented claims of proposed Montanore mine)… Wheelis/Cuffe reversed. [Read more…]
Political practices, ethics complaint confidentiality
POLITICAL PRACTICES: Confidentiality provisions of ethics complaint statute unconstitutional, but former COPP entitled to qualified immunity as to threat to sanction complainant for disclosure… Morris reversed, affirmed. [Read more…]
Robocall statute, home peace & tranquility
ROBOCALL STATUTE not violative of free speech in protecting peace & tranquility of the home, §1983 claim dismissed on summary judgment. . . robocaller had standing to bring challenge, not barred by door-closing statute. . . Lovell. [Read more…]
Judicial elections, political endorsements
JUDICIAL ELECTIONS: Montana political endorsements prohibition upheld… Haddon affirmed. [Read more…]
Water, CS&K Compact, legislative approval
WATER: CS&K Water Compact codification and administrative provisions do not enact new sovereign immunities, did not require 2/3 vote of each legislative house… Manley affirmed, reversed. [Read more…]