TAXES: Religious schools tax credit violates Art. X §6. . . DOR exceeded rulemaking authority in attempting to cure constitutional deficiency. . . Ulbricht reversed. [Read more…]
Eminent domain, litigation expenses, sold interest
EMINENT DOMAIN: Litigation fees incurred after sale of interest in condemned city water system improperly awarded. . . Townsend reversed. [Read more…]
Initiative, I-185 tobacco tax ballot statement
INITIATIVE: I-185 tobacco tax ballot statement legally sufficient. . . opinion & order. [Read more…]
Initiative, I-186 rulemaking delegation
INITIATIVE: Whether I-186 delegates rulemaking and therefore violates effective date requirement is outside AG’s legal-sufficiency review and Court’s pre-election review. [Read more…]
Water system condemnation, expenses “incurred”
WATER SYSTEM CONDEMNATION: Facial constitutional challenge to §70-30-306 limitation to Property Owners’ “actually incurred” expenses and to reductions for inadequate bookkeeping & duplication properly rejected. . . as-applied challenge improperly rejected, remanded for discovery of City’s legal bills for context & comparison to Property Owners’ expenses. . . fees properly allowed for out-of-state attorneys. . . Townsend affirmed, reversed. [Read more…]
Condemnation, water system, post-summons interest
CONDEMNATION: Post-summons interest properly denied in City’s condemnation of private water system. . . Townsend affirmed. [Read more…]
Municipal water, condemnation, “more necessary”
MUNICIPAL WATER: Missoula proved that its contemplated use of a water system is “more necessary” than the current use as a privately owned for-profit enterprise, preliminary condemnation order affirmed… Townsend affirmed. [Read more…]
Preliminary injunction, pipeline road for riprap
PRELIMINARY INJUNCTION: Pipeline company enjoined from constructing road over disputed route on Plaintiffs’ property to riprap creek… Kutzman. [Read more…]
Municipal water, preliminary condemnation order
MUNICIPAL WATER: Preliminary condemnation order issued allowing Missoula’s condemnation of private water system to proceed… Townsend. [Read more…]
SMCRA, prospective coal mine approval
SMCRA: Suit to bar DEQ Director from approving coal mining permit because she assertedly will violate “subsidiary duties” properly dismissed for lack of standing and ripeness because alleged injury not imminent… “firm prediction” not possible… Christensen affirmed. [Read more…]