WATER: Claim of right to pre-73 fishing pond properly rejected based on aerial photos… Stradley/McElyea affirmed (memorandum). [Read more…]
HB 702 vaccination restrictions, preliminary injunction
HB 702 VACCINATION RESTRICTIONS: Enforcement of MCA 49-2-312 as it relates to COVID-19 vaccine against Montana healthcare facilities preliminarily enjoined for so long as CMS’s Interim Final Rule remains in effect… Molloy. [Read more…]
Ballot initiative, I-24 “Outstanding Resource Waters”
BALLOT INITIATIVE: Challenge to AG’s determination of legal deficiency of I-24 (designating parts of Madison and Gallatin Rivers “Outstanding Resource Waters”) timely filed within 10 days of SOS’s notice of determination to Proponents… determination of unconstitutional taking of private property erroneous, signature gathering may proceed… order. [Read more…]
Easement, $53,186 fees/costs, Legion Post park access
EASEMENT: $51,705 fees, $1,480.83 costs awarded American Legion post forced to defend its access to park dedicated in 1944 “for returning servicemen and the public” against challenge by current owners of surrounding ranch… Cybulski. [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…]
Campaign finance, COPP subpoena power
CAMPAIGN FINANCE: COPP may subpoena witnesses but must seek court authority to subpoena documents… McMahon affirmed. [Read more…]
Easement, 1944 park gift
EASEMENT: Access to American Legion park began with gift by ranchers in 1944, matured by mid-50s, not abandoned… Cybulski. [Read more…]
Elections, unauthorized Green Party signature gathering
ELECTIONS: Montana Green Party properly excluded from ballot because it was not associated with signature gathering by Republican Party… Reynolds affirmed (other grounds). [Read more…]
Elections, challenge to Graybill’s AG qualifications
ELECTIONS: Challenge to Raphael Graybill’s AG candidacy law practice qualifications rejected as not meeting declaratory judgment “urgency or emergency” factors, also intervention not necessary to prevent error… order. [Read more…]
Elections, Green Party removal opinion
ELECTIONS: Full opinion explaining prior affirmance of removal of Green Party from 2018 ballot… pro hac vice admission for 8th time improperly summarily granted, but not reversible error… Reynolds. [Read more…]