Justia Montana Supreme Court Opinion Summaries

The Supreme Court reversed the findings of fact, conclusions of law, and order regarding Defendant’s second claim for litigation expenses in this condemnation litigation, holding that the district court erred in awarding Defendant litigation fees it incurred after the sale of its property had been completed and it lacked any interest in the property.The City of Missoula initiated this proceeding to condemn via eminent domain the water system serving the company, previously owned by a water company and Defendant, the upstream holding company. The district court ultimately issued an order awarding fees and expenses to Defendant. Thereafter, Defendant sold all of its interest in the property. Defendant then filed a second claim for litigation expenses incurred after the sale. The district court awarded Defendant a portion of its claimed expenses. The Supreme Court reversed, holding that Defendant was not entitled to recover its litigation expenses because it was not an owner or condemnee upon sale of its interest in the water system. View "Missoula v. Mountain Water Co." on Justia Law

The Montana Supreme Court affirmed the district court's denial of summary judgment to BSCE and grant of summary judgment on WAPC on BSCE's claim that Thomas Wertzberger was personally liable for certain professional services rendered by BSCE under a contract negotiated with WAPC, an agent of Allen Dunlavy. The court held that the district court correctly denied BSCE's motion for summary judgment on its claim that WAPC was not personally liable to BSCE pursuant to 28-10-702(1), MCA; the district court correctly granted summary judgment on WAPC's subsequent motion that WAPC was not personally liable to BSCE pursuant to 28-10-702(1), MCA; and the district court did not erroneously disregard an unqualified common-law agency rule that an agent who contracts on behalf of a non-existent principal was personally liable on the contract. View "Big Sky Civil & Environmental, Inc. v. Dunlavy" on Justia Law

The Montana Supreme Court affirmed the district court's ruling on summary judgment that plaintiffs have both an express private road easement and a prescriptive easement to travel across defendant's land. The court held that the district court did not err in finding an express easement as depicted on the Correction Certificate, giving plaintiffs an easement to travel on the shared driveway. The court also held that plaintiffs acquired a prescriptive easement to cross defendant's property where plaintiffs showed open, notorious, continuous, uninterrupted, exclusive, and adverse use of an easement for five years. View "Walker v. Phillips" on Justia Law

Defendant appealed his conviction of three counts of child sexual assault. The Montana Supreme Court held that the district court did not abuse its discretion by partially denying defendant's pretrial motion in limine to exclude evidence of prior bad acts; the district court did not abuse its discretion by admitting evidence about defendant's ability to see; but the district court did err by imposing $9,181.45 in prosecution and jury costs as well as a $30 technology fee for each convicted count. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "State v. Frey" on Justia Law

The Supreme Court reversed the order of the district court setting forth a parenting plan which awarded maternal Grandmother primary residential custody of Child during the course of an ongoing child dependency proceeding, holding that Grandmother could not pursue a parental interest and parenting plan during the pendency of the child dependency proceeding.In a dependent neglect (DN) matter, the Department of Health and Human Services, Child and Family Services Division (Department) became formally involved with Mother. Thereafter, Father petitioned the district court for a parenting plan designating him as Child’s primary residential parent. Grandmother subsequently filed a petition to establish a parental interest as a separate action. The district court consolidated the two matters. While the DN case was pending, the district court awarded Grandmother primary residential custody of Child. The Supreme Court reversed and remanded the matter, holding that Montana law did not provide Grandmother the ability to pursue a parental interest during the pendency of the child dependency proceeding. View "Cromwell v. Schaefer" on Justia Law

In this dependent neglect proceeding, the Supreme Court reversed the district court’s order permanently placing A.J.C. in the primary care of his maternal grandmother and denying the motion filed by the Department of Health and Human Services, Child and Family Services Division to place A.J.C. with Father, holding that the district court violated Father’s constitutional fundamental right to parent.After the Department became formally involved with Mother, it placed A.J.C. in Grandmother’s care. The district court then adjudicated A.J.C. as a youth in need of care. After a hearing to determine a final parenting plan and a permanency plan for A.J.C., the court awarded Grandmother primary residential custody of A.J.C. The Department subsequently moved the court to approve an amended permanency plan in which the Department recommended placement of A.J.C. with Father. The district court denied the motion. The Supreme Court reversed, holding that once Father successfully completed his court-ordered treatment plan and the Department determined Father to be a safe and appropriate placement, the district court unconstitutionally violated Father’s fundamental right to parent by placing A.J.C. with Grandmother. View "In re A.J.C." on Justia Law

The Supreme Court affirmed the final parenting plan ordered by the district court, holding that substantial evidence supported the district court’s decision and that Appellant failed to demonstrate reversible error.The final parenting plan in this case provided that the parties’ child would reside with Appellee and that Appellant had visitation on alternating weekends. On appeal, Appellant claimed, among other things, that many of the district court’s findings of fact were clearly erroneous and that the court’s parenting decision was not based on the best interest of the child. The Supreme Court affirmed, holding (1) in choosing where the child would primarily reside, the court properly considered and weighed the statutory factors; (2) the district court did not abuse its discretion in developing a final parenting plan for the child; and (3) Appellant received effective assistance of counsel. View "In re Marriage of Kesler" on Justia Law

The Supreme Court affirmed Defendant’s conviction for deliberate homicide, holding that the district court violated Defendant’s right to be present but that Defendant failed to demonstrate that the error was prejudicial.On appeal, Defendant argued that he was not included in several sidebars and in-chambers discussions during his trial and that his right of presence was violated twenty-three times. The Supreme Court held (1) the record supported Defendant’s assertion that he was not present in eight instances, but Defendant did not establish plain error in his exclusion from conferences; (2) because the burden was on Defendant to ensure the preservation of an adequate record for appeal, the district court did not err by failing to make a record of the various conferences that occurred during Defendant’s trial; (3) Defendant failed to rebut the State’s position that a violation of the public’s right to know cannot serve as a basis for overturning a criminal conviction; (4) the court did not abuse its discretion by allowing two of the State’s law enforcement witnesses to testify multiple times on direct examination; and (5) cumulative error did not warrant a new trial. View "State v. Hatfield" on Justia Law

The Supreme Court affirmed the order of the Water Court granting the United States Bureau of Land Management’s (BLM) motion for summary judgment, holding that the Water Court correctly determined that the BLM was the owner of certain stock claims and correctly affirmed other claims for wildlife use.Specifically, the Court held that the Water Court (1) properly determined that Ron and Maxine Korman forfeited interests claimed for stockwater use in the Chevy and Poker Reservoirs; and (2) did not err when it determined that the wildlife claims at issue were valid and did not expand the original appropriation. View "United States Bureau of Land Management v. Korman" on Justia Law

The Supreme Court affirmed the order of the district court modifying the property settlement agreement entered into by Dennis Simpson and Larissa Simpson and the subsequent order awarding attorney fees, holding that the district court did not abuse its discretion.The district court here modified the agreement by terminating maintenance payments to Larissa. The court then limited the amount of Larissa’s attorney fees to those incurred during contempt proceedings. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion in concluding that continued imposition and enforcement of the parties’ agreement was unconscionable; (2) appropriately modified the agreement based on the parties’ unique circumstances; and (3) did not abuse its discretion in limiting Larissa’s attorney fees. View "In re Marriage of Simpson" on Justia Law