BALLOT MEASURE: 2nd attempt to qualify BI-9 defining “artificial persons” improperly rejected by AG as violative of separate-vote requirement… Declaratory Judgment. [Read more…]
Initiative, BI-4 “artificial persons”
INITIATIVE: AG’s rejection of BI-4 “artificial persons” for violation of separate vote affirmed… Opinion & Order. [Read more…]
Insurance, Victory’s sale of comp policies to Clear Spring
INSURANCE: Victory properly found in violation of insurance code by sale of its comp policies to Clear Spring, fined $250,000 without jury trial… McMahon affirmed. [Read more…]
Marital, property maintenance/construction contributions
MARITAL: Failure to consider husband’s property maintenance/construction contributions resulted in inequitable 80% award of jointly held property valued at $1,450,000 to wife… Coffman reversed. [Read more…]
Property taxes, mass appraisal methodology
PROPERTY TAXES: Judge erroneously substituted his opinion for DOR’s in ruling that its mass appraisal methodology was unlawful… Wilson reversed. [Read more…]
Property taxes, “banking” school equalization mills
PROPERTY TAXES: Challenge to DOR’s authority to require counties to “bank” school equalization mills exceeding the statutory cap in one year and apply them to reach the cap in subsequent years rejected… Opinion & Order. [Read more…]
Income tax, NOL statute, non-Montana income
INCOME TAX: NOL statute does not constitute impermissible taxation of income beyond State’s authority… MTAB affirmed, McMahon reversed. [Read more…]
Environment, MEPA equitable remedies bar, mine
ENVIRONMENT: §75-1-201(6)(c)/(d) bar of equitable remedies for a MEPA violation properly held violative of constitutional mandate to provide remedies to prevent environmental harms… other rulings on request for mine exploration license in Yellowstone Ecosystem… Gilbert affirmed, reversed. [Read more…]
Bond, Animal Welfare Statute
BOND: Constitutional challenges to $31,019.60 bond in animal cruelty case waived by failure to raise below… Pinski affirmed (IOR I-3(c)). [Read more…]
Criminal defamation statute overbroad, “defamed” judge
CRIMINAL DEFAMATION: Montana statute unconstitutionally overbroad for lack of specific “actual malice” mens rea, contrary to Lynch’s implied reading… sua sponte summary judgment for disbarred attorney charged with criminal defamation of judicial election opponent… Molloy. [Read more…]
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