Justia Montana Supreme Court Opinion Summaries

Defendant-Appellant Robert Shipley appealed a district court order which granted summary judgment in favor of Plaintiff-Appellee BNSF Railway Company. BNSF leased commercial property in Miles City, Montana, to Shipley. The lease provided that either party could terminate the lease upon 30 days written notice. Shipley failed to pay rent to BNSF for a number of years. This failure by Shipley resulted in overdue rent payments of $17,700. BNSF notified Shipley on January 7, 2011, that the Lease Agreement would be cancelled and terminated in 30 days, effective on February 10, 2011. The Lease Agreement also required that Shipley remove all improvements and personal property from the leased premises within the 30 days of the lease termination. Shipley failed to remove the items. BNSF provided Shipley with a 60 day extension to remove the items. Shipley again refused to remove the items. Shipley’s refusal prompted BNSF to file a complaint to quiet title to the improvements and personal property, a declaratory judgment that BNSF had terminated the lease validly, trespass, unlawful detainer, and claim for reasonable rent. Shipley acknowledged that he owed $17,700 in rent. Upon review, the Supreme Court concluded that no genuine issue of material fact existed and that the district court correctly granted summary judgment. View "BNSF v. Shipley" on Justia Law

The Heins rented a house from Julia Benintendi and the Perkerwicz family (hereinafter B&P). B&P alleged the Heins caused considerable damage to the property when they vacated the premises. The Heins countered that B&P unlawfully retained their security deposit and refused to reimburse the Heins for home and lawn improvements. B&P sued and obtained a default judgment. The district court subsequently set aside the default judgment and held a jury trial. B&P were awarded damages but not attorney fees or costs. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) the district court did not abuse its discretion in denying attorney fees to both parties; (2) the district court incorrectly required each party to bear its own costs because, as the prevailing party, B&P was entitled to its costs under Mont. Code Ann. 25-10-101; and (3) the district court did not manifestly abuse its discretion in setting aside the default judgment because it had good cause to do so. View "Benintendi v. Hein" on Justia Law

In a previous landlord/tenant action in 2007, attorney Kevin Brown filed suit against Ronald Fick in district court on behalf of two tenants who alleged that Fick had unlawfully evicted them from a unit he manages. The district court found for Fick. Fick filed the present action in 2010, arguing that Brown had fraudulently brought the prior action in district court rather than in justice's court. The district court granted Brown's motion to dismiss, and Fick appealed. At issue was whether Mont. Code Ann. 3-10-302 confers concurrent jurisdiction on justices' and district courts for actions arising under the Landlord and Tenant Act. The Supreme Court affirmed, holding that (1) the clear terms of Montana law provide that justices' courts share concurrent jurisdiction with district courts; and (2) Fick's arguments were not made in good faith, Fick's appeal is frivolous and vexatious and filed for purposes of harassment, and sanctions are warranted. Remanded.

Plaintiff appealed from the order of the district court granting defendant's motion to dismiss where the suit arose out of a previous landlord/tenant action filed in district court. At issue was whether section 3-10-302, MCA, conferred jurisdiction on justices' and district courts for actions arising under the Montana Residential Landlord and Tenant Act of 1977. The court held that the clear terms of the Montana statute provided that justices' courts shared concurrent jurisdiction with district courts. The court also held that plaintiff's arguments were not made in good faith and sanctions were warranted. Accordingly, the court affirmed the district court's dismissal of plaintiff's complaint and remanded for a determination and assessment of costs and reasonable attorney's fees incurred on appeal.