Justia Montana Supreme Court Opinion Summaries

In this original action, the Supreme Court denied Montanans Against Tax Hikes’s petition for declaratory and injunctive relief to determine whether the ballot statement of Initiative 185 (I-185) met the requirements of Mont. Code Ann. 13-27-312, holding that the Attorney General’s ballot statement satisfied the requirements of Montana law.I-185 raised taxes on all tobacco products and amended the definition to include e-cigarettes and vaping products. Petitioners argued that the ballot statement was deficient because it contained false information that was likely to confuse voters, disagreed with the language of the last sentence in the ballot statement, and contended that the ballot statement provided no useful context for the tax increase on moist snuff. The Supreme Court held (1) while the ballot statement may contain a mathematical misstatement, this Court need not alter a technical mistake; (2) the last sentence is not misleading; and (3) not every detail of an initiative can be explained given the word limit on ballot statements. View "Montanans Against Tax Hikes v. State" on Justia Law

The Supreme Court denied the Montana Mining Association’s (MMA) request to overrule the Attorney General’s determination that Initiative 186 (I-186) is legally sufficient in this original proceeding.If enacted, I-186 would alter the mine permitting process by adding a requirement to mines’ reclamation plans. The Attorney General determined that the initiative was legally sufficient. MMA filed this original action asking the Supreme Court to determine that I-186 violates Mont. Code Ann. 13-27-105, which requires that an initiative issue delegating rulemaking authority be “effective no sooner than October 1 following approval.” The Supreme Court denied MMA’s request, holding that the issue of whether I-186 delegates rulemaking authority is outside the scope of the Attorney General’s legal-suffiency review, and therefore, the issue is also outside the scope of the Supreme Court’s pre-election initiative review. View "Montana Mining Ass’n v. State" on Justia Law

The Supreme Court affirmed the district court’s orders denying certain elected officers attorney fees, costs, and disbursements, holding that equities did not support such awards under the Uniform Declaratory Judgments Act (UDJA).Lynn Nemeth, a Whitehall elector, sought a recall election to determine whether the mayor of Whitehall and some Town Council members (collectively, the Elected Officers) should be recalled from their respective positions. The district court granted the Elected Officers’ petition for injunctive relief and declaratory judgment, finding that Nemeth’s recall petitions and circulation sheets did not substantially conform to the statutory forms. The district court eventually decided that the Elected Officers were not entitled to attorneys fees or costs. The Supreme Court affirmed, holding (1) the equities did not support awarding fees and costs under the UDJA because the proper way to stop a recall election based on an insufficient recall petition is to request an injunction pursuant to the Montana Recall Act; and (2) the Elected Officers were not entitled to attorney fees and costs under either Mont. Code Ann. 25-10-711(1)(b) or Mont. Code Ann. 25-10-101(8). View "Davis v. Ramey" on Justia Law

Initiative No. 181 (I-181) proposed to enact the “Montana Biomedical Research Authority Act.” The Secretary of State determined that sufficient signatures had been submitted to qualify I-181 for the November 8, 2016 general election ballot. Petitioners filed a petition for declaratory and injunctive relief requesting that the Supreme Court exercise its original jurisdiction to declare I-181 unconstitutional on its face and to enjoin its certification for the November 2016 general election ballot. The Supreme Court denied Petitioners’ request without prejudice to the filing of an appropriate civil action should the measure become law, as I-181 was not a “law.” View "Montana AFL-CIO v. McCulloch" on Justia Law

In 2012, Montana voters passed Legislative Referendum 121 (LR 121). The referendum denied certain state services to “illegal aliens.” Before the law went into effect, Montana Immigrant Justice Alliance (MIJA) filed a complaint seeking declaratory and injunctive relief from LR 121, arguing that the referendum violated certain constitutional rights and was preempted by federal law. The district court denied Plaintiffs’ request for a preliminary injunction as to the majority of LR 121 but enjoined the use of the definition of “illegal alien” so as to preclude the State from using an individual’s unlawful entry into the United States as a factor in determining that individual’s entitlement to state benefits. The district court subsequently concluded that LR 121 was preempted by federal law. The court then awarded MIJA attorney fees. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) did not err in concluding that MIJA has associational standing to challenge LR 121; (2) did not err in concluding that LR 121 is preempted by federal law; and (3) erred in awarding “supplemental relief” to MIJA in the form of attorney fees. View "Montana Immigrant Justice Alliance v. Bullock" on Justia Law

In 2014, the Montana Commissioner of Political Practices (COPP) issued a decision finding sufficient evidence that Terry Bannan had violated Montana’s campaign practices laws during the 2010 primary election and that civil adjudication of the violations was warranted. The COPP forwarded the sufficiency decision to the Lewis and Clark County Attorney for consideration. Bannan filed an action for declaratory relief in the Gallatin County District Court alleging that the COPP acted unlawfully by referring its sufficiency findings to the Lewis and Clark County Attorney rather than the Gallatin County Attorney. The Lewis and Clark County Attorney waived his right to participate in the action, citing Mont. Code Ann. 13-37-124(2). Thereafter, the COPP filed an enforcement action against Bannan in the Lewis and Clark County District Court. Bannan filed a motion to dismiss, contending that the COPP was obligated to assert its claims in the Gallatin County declaratory judgment action. The district court in Lewis and Clark County denied Bannan’s motion to dismiss. Bannan appealed. The Supreme Court dismissed Bannan’s appeal as premature, holding that Bannan’s appeal must be characterized as one seeking relief from the denial of a motion to dismiss, and orders denying motions to dismiss are not appealable. View "Motl v. Bannan" on Justia Law

In 2013, the Montana Commissioner of Political Practices (COPP) issued a decision finding sufficient evidence that Ronald Murray had violated Montana’s campaign practices laws during the 2010 primary election and that civil adjudication of the violations was warranted. COPP forwarded the sufficiency decision to the Lewis and Clark County Attorney for consideration. Murray filed an action for declaratory relief in the Gallatin County District Court seeking a determination that Jonathan Motl, in his capacity as the COPP, violated Mont. Code Ann. 13-37-124 by referring the sufficiency decision to the Lewis and Clark County Attorney rather than the Gallatin County Attorney. Thereafter, the COPP filed a complaint against Murray in the Lewis and Clark County District Court (the “enforcement action”) alleging the various campaign finance and practice violations in the sufficiency decision. The district court in Gallatin County dismissed Murray’s declaratory relief action for lack of a justiciable controversy. The Supreme Court affirmed, holding that the district court did not abuse its discretion in dismissing Murray’s declaratory relief action, as Murray had an adequate alternative remedy available to him in that he may assert in the enforcement action issues sought to be declared as a defense in the declaratory action. View "Murray v. Motl" on Justia Law

Plaintiff was a candidate in 2010 for the State Senate in Senate District 31, which included all of Park County and most of Sweet Grass County. The Commissioner of Political Practices filed a civil enforcement action against Plaintiff in the Lewis and Clark County District Court following an investigation of alleged violations of campaign practice and finance laws. Plaintiff initiated a declaratory action in the Sixth Judicial District Court, Park County, raising issues similar to those raised in the enforcement action. The Sixth Judicial District Court, ordered, sua sponte, that the declaratory judgment action be transferred to Lewis and Clark County. The Supreme Court affirmed in part and reversed in part, holding (1) as to Plaintiff, the declaratory action in Park County was duplicative, and this was an appropriate basis on which to transfer the matter; but (2) the district court’s transfer of the action to a specific department and judge within the the First Judicial District was improper. View "Wagman v. Motl" on Justia Law

In 2014, Lawrence J.C. VanDyke filed his declaration of nomination as a candidate for election to the Montana Supreme Court. Plaintiffs subsequently filed a complaint in the district court seeking to have VanDyke’s candidacy invalidated on the basis that VanDyke was not admitted to the practice of law in Montana for at least five years prior to the date of election as required by the Montana Constitution. The district court ruled that VanDyke did not meet the minimum eligibility requirements because, although VanDyke was a member of the State Bar of Montana continuously from 2005 to the present day, when VanDyke elected to assume inactive status from 2007 until 2012, he was not authorized or qualified to practice law. The Supreme Court reversed, holding that VanDyke’s admission to the practice of law in Montana in 2005 satisfied the Constitution’s requirement that a candidate for Supreme Court Justice be “admitted to the practice of law in Montana for at least five years prior to the date of appointment or election,” notwithstanding VanDyke’s choice to take inactive status for some of those years. View "Cross v. VanDyke" on Justia Law

In 2010, the City of Whitefish passed Resolution 10-46, which authorized the City to enter into an interlocal agreement with Flathead County concerning planning and zoning authority over a two-mile area surrounding the City. In 2011, voters in Whitehead passed a referendum repealing the Resolution. Plaintiffs, residents of the City and the County, filed the present lawsuit claiming that the citizens’ power of referendum and initiative did not extend to the Resolution. The district court agreed with Plaintiffs and granted summary judgment to Plaintiffs and the County. The Supreme Court affirmed, holding that the district court (1) did not err by not dismissing the suit as untimely based upon the doctrine of laches; and (2) did not err by determining that the Resolution was not subject to the right of voter initiative and referendum because the Resolution was an administrative act by the City.View "Phillips v. City of Whitefish" on Justia Law