Justia Montana Supreme Court Opinion Summaries

The Supreme Court reversed the judgment of the district court voiding a permit issued by the Department of Natural Resources and Conservation (DNRC) allowing the Montana Artesian Water Company (MAWC) to appropriate water, holding that while the DNRC issued its preliminary determination granting MAWC the water use permit based on incomplete data, because the statutory deadline had passed, the application was deemed correct and complete as a matter of law, and DNRC could not require the missing information.DNRC failed to identify defects in the application before the statutory deadline. The district court concluded that DNRC failed to comply with its own rules to determine whether the application was correct and complete and voided the permit without addressing other issues raised on judicial review. The Supreme Court reversed and remanded the case for further proceedings, holding (1) with or without the missing information, MAWC's application became correct and complete as a matter of law after the statutory deadline had passed; and (2) Mont. Code Ann. 85-2-302(5) forecloses an argument regarding compliance with application requirements the agency imposed by rule. View "Flathead Lakers v. Montana Department of Natural Resources & Conservation" on Justia Law

The Supreme Court affirmed the order of the district court granting the Montana Department of Public Health and Human Services' (DPHHS) motion for judgment on the pleadings, holding that the district court did not err in concluding that guardians had the authority to decide whether their wards would return to the At Home Assisted Living and At Home Also (collectively, At Home) facility.In 2017, the DPHHS suspended At Home's license for noncompliance with certain DPHHS rules and regulations and required the At Home residents to be relocated. After DPHHS reinstated At Home's license, some relocated residents who were wards with guardians appointed by DPHHS Adult Protection Services indicated their desire to return to the facility. The APS guardians refused to allow their wards to return. At Home and its owners sued DPHHS alleging intentional interference. The district court granted judgment on the pleadings for DPHHS. The Supreme Court affirmed, holding that the district court did not err in determining that the guardians had the authority to determine where the wards would reside and in thus granting judgment on the pleadings. View "Wingfield v. Department of Public Health & Human Services" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court reversing the Montana Commissioner of Political Practices' summary decision of complaint without informal contested case hearing against Montana Board of Regents of Higher Education member Martha Sheehy, holding that Sheehy did not violate the Montana Code of Ethics, that the Commissioner lacks enforcement authority over regents, and that regents are public employees subject to the Ethics Code.The Commissioner concluded that Regents are public employees subject to the Commissioner's Ethics Code enforcement authority and that Sheehy violated the Ethics Code by soliciting support for a ballot issue while suing public time, facilities, and equipment. The district court overruled the Commissioner's summary decision, concluding that the Ethics Code does not apply to regents, that the Commissioner lacked enforcement authority over regents, and that Sheehy's statements did not violate the Ethics Code. The Supreme Court reversed in part, holding (1) the Ethics Code applies to the Board of Regents of the Montana University System; (2) Sheehy did not violate the Ethics Code; and (3) the Commissioner does not have authority to enforce the Ethics Code against members of a state administrative board, like the Board of Regents. View "Sheehy v. Commissioner of Political Practices" on Justia Law

The Supreme Court affirmed in part and reversed in part the order of the Workers' Compensation Court (WCC) reversing in part and affirming in part the order of the Montana Department of Labor and Industry (DLI) directing Petitioner to attend a medical examination for a diagnostic update of Petitioner's medical problems attributable to his industrial injury, holding that the WCC erred.Specifically, the WCC held that New Hampshire must first authorize Petitioner to see a psychiatrist or psychologist before it could obtain a psychiatric examination pursuant to Mont. Code Ann. 39-71-605. New Hampshire provided workers' compensation insurance for Petitioner's employer. The Supreme Court reversed in part, holding (1) the WCC correctly held that Petitioner should not be compelled to attend a psychiatric examination before it was established that his complaints of insomnia and anxiety were causally related to his workers' compensation claim; but (2) the WCC erred in concluding that New Hampshire must pay for a medical examination and treatment of Petitioner's complaints before New Hampshire could obtain a section 605 exam. View "Neisinger v. New Hampshire Insurance Co." on Justia Law

The Supreme Court reversed the decision of the district court ruling that the Department of Environmental Quality (DEQ) had illegally renewed a permit allowing Western Energy Company to discharge rain and snow water into surrounding ditches and creeks from its Rosebud Coal Mine in Colstrip, Montana, holding that further fact-finding was required.In 2012, DEQ renewed a permit, which was modified in 2014, for Western Energy to discharge pollutants contained in waters that were created by ongoing precipitation-driven events. Plaintiffs brought this action alleging that the DEQ's permit renewal violated the Montana Water Quality Act and federal Clean Water Act. The district court granted summary judgment for the defendants. The Supreme Court reversed, holding (1) the Montana Board of Environmental Review was not required to make a new stream classification for the Yellowstone River drainage; (2) DEQ can lawfully allow the mine to monitor a sample of the discharges that are representative of the precipitation water being released, but the district court must determine whether those releases are actually representative of the mining and discharge activities that are taking place at the mine; and (3) remand was required to determine whether a "pollutant-impaired stream" should be monitored with a higher environmental standard than the current permit requires. View "Montana Environmental Information Center v. Western Energy Co." on Justia Law

The Supreme Court affirmed the order of the district court denying Vision Net, Inc.'s motion for summary judgment and granting summary judgment to the Montana Department of Revenue (DOR), holding that the district court did not err by holding that the DOR properly centrally assessed Vision Net's property.Vision Net filed a petition for declaratory judgment challenging the DOR's decision to reclassify its property. The district court held that the DOR could properly centrally assess Vision Net's property, resulting in a significant increase in Vision Net's state tax liability. On appeal, Vision Net argued that DOR's central assessment violated its statutory rights and its constitutional rights of equal protection and equalization under Mont. Const. art. II, 4 and art. VII, 3. The Supreme Court affirmed, holding that the district court correctly held that Vision Net was subject to central assessment and that Vision Net's constitutional challenge was without merit. View "Vision Net, Inc. v. State, Department of Revenue" on Justia Law

The Supreme Court affirmed in part and reversed in part the district court's order enjoining the Montana Department of Public Service Regulation (PSC) from propounding discovery in a dispute between Republic Services of Montana and North Valley Refuse (collectively, Petitioners), removing the PSC from the matter and ordering appointment of an independent hearing examiner to preside over the case, holding that the district court erred in requiring the PSC to appoint an independent hearing examiner.Specifically, the Supreme Court held (1) the district court did not err by issuing a writ of prohibition barring the PSC from propounding discovery because the standards were satisfied for issuance of a writ of prohibition; but (2) the district court erred by issuing a writ of mandate requiring the PSC to appoint an independent hearing examiner. Because the authority for removal of the entire PSC based upon the independent actions of a staff member were insufficient, and the remedy under the circumstances was overbroad, the Court remanded the case for further proceedings. View "Allied Waste Services of N.A., LLC v. Montana Department of Public Service Regulation" on Justia Law

The Supreme Court affirmed the decision of the Workers' Compensation Court (WCC) granting summary judgment to Indemnity Insurance Company of North America on Brian Richardson's petition arguing that he was entitled to have Indemnity accept his claim for workers' compensation benefits, holding that the WCC correctly held that Richardson had not timely filed a written claim for benefits under Mont. Code Ann. 39-71-601.Richardson filed his claim for benefits almost four years after the alleged work-related accident. Indemnity denied Richardson's claim on the grounds that Richardson had failed to provide his employer with timely notice and that he had failed timely to file his claim. The Supreme Court affirmed, holding that Richardson failed to file a timely written claim under section 39-71-601. View "Richardson v. Indemnity Insurance Co. of N.A." on Justia Law

The Supreme Court affirmed the order of the district court denying Landowners' petition for writ of review asserting that the Ravalli County Board of County Commissioners exceeded its jurisdiction to grant or deny Landowners' petition for abandonment, holding that Landowners failed to meet the statutory requirement for issuance of a writ of review.Landowners erected a gate that obstructed a portion of a county road. Landowners petitioned the Board to abandon that portion of the road, but the Board denied the petition for abandonment and ordered the gate removed. Landowners later filed their petition for a writ of review. The district court denied Landowners' petition for a writ of review and accompanying application for preliminary injunction on the basis that the Board did not exceed its jurisdiction. The Supreme Court affirmed, holding that Landowners failed to show that the Board exceeded its jurisdiction. View "Bugli v. Ravalli County" on Justia Law

In this case challenging the approval of a permit to build a bridge on certain property the Supreme Court affirmed the order of the district court entering judgment in favor of Community Association for North Shore Conservation, Inc. (CANSC) and the order denying CANSC's request for attorney fees, holding that the district court did not abuse its discretion.Intervenor Jolene Dugan, who owned a peninsula-shaped parcel of land on the shore of Flathead Lake, sought to build a bridge on her property to connect what was sometimes an intermittent island to the mainland. The Flathead County Board of County Commissioners approved the permit, and Dugan built the bridge. CANSC sought to overturn the approval of Dugan's permit. The district court entered an order requiring Dugan to take down the bridge and restore the area. The Supreme Court affirmed, holding (1) CANSC had standing to bring this lawsuit; (2) the Board's approval of the bridge permit was arbitrary and capricious; (3) the district court did not abuse its discretion when it ordered Dugan to restore the lake to its original state; and (4) the district court did not abuse its discretion by refusing CANSC's request for attorney fees. View "Community Ass'n for North Shore Conservation, Inc. v. Flathead County" on Justia Law