Justia Montana Supreme Court Opinion Summaries

Pro se litigant Sharon McCrea appealed a district court's judgment that awarded over eight thousand dollars to CBM Collections, a Missoula collection agency. McCrea owned a business which had an outstanding credit card bill with the Missoula Federal Credit Union (MFCU). She was notified that the debts were being assigned to CBM for collection. CBM subsequently filed its complaint to seek the full amount owned plus interest. McCrea answered, arguing that MFCU was unfairly and deliberately targeting her for collection and that the matter should be "remanded" to the credit union so that she could continue making incremental payments. McCrea did not deny owing the debts. She sought discovery of credit card statements and cell phone billing statements to establish she had been in regular contact with MFCU in an attempt to resolve the matter. The district court granted CBM's motion for judgment on the pleadings without ruling on McCrea's discovery request and entered the award. Finding no error in the district court's ruling, the Supreme Court affirmed. View "CBI Inc. v. McCrea" on Justia Law

Sherman Anderson and other concerned residents of the City of Deer Lodge (Anderson) appealed a district court order that denied their petition for a writ of mandamus. The issue in this case arose from the revocation of Zoo Mountain Natural Care, Inc.'s business license. Zoo Mountain contacted the City in 2010 regarding a business license. Zoo Mountain had purchased property in the City limits for the purpose of lawfully growing and selling medical marijuana. The City was not issuing business licenses at that time, however, due to a change from a calendar-year licensing system to a fiscal year licensing system. The City previously had determined that it would waive the business license requirement for new applicants during this transition period. The City accordingly allowed Zoo Mountain to operate lawfully without a business license until July 2010. The City Council convened shortly after Zoo Mountain’s move to Deer Lodge. Anderson expressed concern over Zoo Mountain’s location at this meeting. He specifically disliked the fact that Zoo Mountain was located in a residential neighborhood, and that Zoo Mountain was located near the Church of Jesus Christ of Latter Day Saints. Anderson believed that the City’s decision to issue the business license violated Ordinances 130 and 136. Anderson further believed that the City violated the 2009 version of the Medical Marijuana Act when it issued the business license to a corporation, rather than to an individual. Anderson sought a writ of mandamus from the District Court to require the City to revoke Zoo Mountain’s business license. The court declined to issue the writ. It concluded that the MMA provided no clear legal duty for the City to revoke the business license. It similarly concluded that the City Code, particularly Ordinances 130 and 136, contained no clear legal duty to revoke the business license. Upon review, the Supreme Court affirmed: Anderson has failed to establish any clear legal duty that requires the City to revoke Zoo Mountain’s business license. The District Court acted accordingly in denying the writ. View "Deer Lodge v. Chilcott et al." on Justia Law

The district court entered judgment for the City of Cut Bank on Petitioner Arthur F. Rooney's complaint that he was wrongfully terminated from employment as a City police officer. Petitioner appealed the court's decision that his termination did not violate Montana's Wrongful Discharge From Employment Act (WDEA). The City cross-appealed the district court's earlier interlocutory order which denied the City's motion to dismiss the WDEA claim. Because the Supreme Court reversed the interlocutory ruling, it did not reach the issues raised by Petitioner. The Court affirmed the district court's judgment in favor of the City on this alternative ground. View "Rooney v. City of Cut Bank" on Justia Law

Defendant Shawn Stoner appealed a district court's order to deny his motion to dismiss several marijuana charges against him. The sole issue on appeal was whether the District Court erred in denying Defendant's motion to dismiss after he acquired a medical marijuana card. Upon review, the Supreme Court held that Defendant was required to have obtained and be in possession of a valid registry identification card at the time of the offense for which he sought immunity from prosecution. Because Defendant did not obtain a registry identification card until after he was charged, he was not entitled to dismissal of the charges against him. View "Montana v. Stoner" on Justia Law

Defendant Larry Bomar appealed a district court order that dismissed his petition for postconviction relief, which alleged ineffective assistance of his trial counsel. Defendant alleged that his trial counsel's failure to present certain expert evidence at trial rendered prejudiced him and therefore was a violation of his constitutional rights. Finding that counsel's decision not to present certain evidence was a strategic decision that did not amount to a violation of his constitutional rights, the Supreme Court affirmed the district court's decision to deny him postconviction relief. View "Montana v. Sartain" on Justia Law

Defendant Larry Bomar appealed a district court order that dismissed his petition for postconviction relief, which alleged ineffective assistance of his trial counsel. Defendant alleged that his trial counsel's failure to present certain expert evidence at trial rendered prejudiced him and therefore was a violation of his constitutional rights. Finding that counsel's decision not to present certain evidence was a strategic decision that did not amount to a violation of his constitutional rights, the Supreme Court affirmed the district court's decision to deny him postconviction relief. View "Bomar v. Montana" on Justia Law