Justia Montana Supreme Court Opinion Summaries

The Supreme Court affirmed the order of the district court dividing marital assets in Husband's dissolution from Wife, holding that the district court did not commit clear error in its findings of fact and did not abuse its discretion.Husband appealed, arguing that the district court erred in distributing approximately twenty-five percent of the total marital estate to Wife and awarding her maintenance for ten years because much of the marital estate was compromised of property that Husband inherited. The Supreme Court affirmed, holding that the district court (1) did not commit clear error in its findings of fact supporting its distribution of the marital estate and award of maintenance; and (2) did not abuse its discretion in its division of inherited property in the marital estate. View "Lewis v. Lewis" on Justia Law

The Supreme Court reversed the order of the district court denying as untimely Defendant's motion for substitution of judge, holding that the substitution motion was timely because federal law halts any proceedings in the state court once a notice of removal is filed unless and until the case is remanded.Plaintiffs sued Defendant in the Seventh Judicial District Court based on Defendant's denial of an insurance claim. After a summons was issued and served upon Defendant, Defendant filed a notice of removal to the United States District Court for the District of Montana on the basis of diversity of citizenship. The federal district court granted Plaintiffs' motion for remand to state court after determining that the parties lacked complete diversity. Ninety-five days after it was served Defendant filed a motion for substitution of judge. The trial court ruled the motion was untimely. The Supreme Court reversed, holding that because Defendant filed its motion for substitution the same day the state court clerk received notice that the federal court had ordered remand and returned the original state court documents, the motion was timely. View "Sage Financial Properties, LLC v. Fireman's Fund Insurance Co." on Justia Law

The Supreme Court affirmed the judgment of the district court granting summary judgment for the Montana Department of Corrections (DOC) and dismissing Plaintiff's claims for wrongful discharge from employment, violation of Montana constitutional and administrative rights to privacy, and tortious defamation, holding that the district court did not err.Specifically, the Supreme Court held (1) no genuine issues of material fact existed as to whether DOC discharged Plaintiff for good cause, and therefore, the district court properly granted summary judgment on Plaintiff's wrongful discharge claim; (2) no genuine issues of material fact existed as to whether DOC discharged Plaintiff in violation of its written personnel policy, and therefore, the district court properly granted summary judgment on Plaintiff's wrongful discharge claim; (3) the district court did not err in granting summary judgment on Plaintiff's claim that DOC violated her right to privacy under Mont. Const. art. II, 10 and Admin. R. M. 2.21.6615; and (4) the district court did not err in concluding that derogatory statements made by DOC to the Montana Peace Officer Standards and Training Council were privileged under Mont. Code Ann. 27-1-804(2). View "Speer v. State, Department of Corrections" on Justia Law

The Supreme Court affirmed the order of the district court granting summary judgment in favor of Roger Hall and dismissing John Payne's claims for, among other things, fraud, negligence, and negligent/intentional misrepresentation and granting Hall's counterclaim for breach of contract and breach of good faith and fair dealing, holding that the district court did not err.After the sale of certain property to Payne and Hall, a project engineer encountered an old oil reserve pit that required mitigation. Later, Hall and Payne entered into a sale and purchase agreement whereunder Payne purchased Hall's interests in a partnership. Payne refused to pay Hall one-third of the purchase price on the basis that the agreement was voidable. Payne brought this lawsuit alleging that Hall failed to disclose the existence of the reserve pit prior to the sale of the property. Hall counterclaimed, alleging that Payne failed to make the final payment under the partnership purchase agreement. The district court granted summary judgment for Hall. The Supreme Court affirmed, holding that the district court did not err by concluding that Payne's claims were time barred and by concluding that Payne should not be excused from the partnership purchase agreement. View "Payne v. Hall" 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 Defendant's conviction of partner family member assault (PFMA), holding that Defendant's claim that he received ineffective assistance of counsel (IAC) was not susceptible to review on direct appeal and that Defendant failed to establish that the district court allowed testimonial material into the jury room during deliberations.On appeal, Defendant argued that he received ineffective assistance of counsel when his trial counsel failed to object to witnesses' and the State's references to his probation status and, further, referenced Defendant's probation status herself. Defendant also argued that the district court abused its discretion by sending testimonial materials into the jury room during deliberations. The Supreme Court affirmed, holding (1) this Court will not address Defendant's IAC claim on direct appeal because the record was silent as to why defense counsel did not object to the probation references and testimony; and (2) the record did not establish that testimonial material was provided to the jury during its deliberations. View "State v. Ward" on Justia Law

The Supreme Court affirmed the judgment of the district court denying Stepmother's petition for stepparent adoption of the minor child, N.P.M., holding that Step-grandmother had standing to object to Stepmother's petition and that the district court correctly applied Mont. Code Ann. 42-2-301 to require that all applicable consents be obtained prior to addressing the merits of Stepmother's petition.The petition in this case included Mother's consent to adoption and waiver of parental rights and Father's consent to adoption. Step-grandmother, who was the primary physical custodian of the child, objected to the petition, arguing that she had a parental interest and that her consent to the adoption was required under section 42-2-301. The district court concluded that the plain language of section 42-2-301 required Step-grandmother's consent. The Supreme Court affirmed, holding (1) a person with a parental interest established by a court has standing to object to the child's adoption by a stepparent; (2) the district court correctly interpreted section 42-2-301 to require consent to adopt from a person whose parental rights have been established by a court; and (3) the district court did not err in its application of section 42-2-301. View "In re Adoption of N.P.M." on Justia Law

The Supreme Court affirmed the order of the district court granting summary judgment for the City of Billings and Jon Does 1-10, thus dismissing Plaintiff's claims for negligence and nuisance, holding that Plaintiff's claims were barred by judicial estoppel.Plaintiff presented a claim to the City for damages to his home from a City water line break. The City denied Plaintiff's claim. Plaintiff then filed a petition for relief under Chapter 13 of the United States Bankruptcy Code. Plaintiff, however, failed under penalty of perjury to disclose potential claims against the City on his bankruptcy petition. After the City denied his claim, Plaintiff filed his complaint against the City for negligence, nuisance, and inverse condemnation seeking compensatory damages caused by the water leak. The City filed a motion for summary judgment for all three claims. Plaintiff conceded judgment on the inverse condemnation claim but contested judgment on his nuisance and negligence claims. The district court granted summary judgment for the City, determining that Plaintiff's claims were barred by judicial estoppel. The Supreme Court affirmed, holding that because Plaintiff did not disclose his potential claims against the City on his bankruptcy petition or anytime during the duration of the bankruptcy, Plaintiff's negligence and nuisance claims were barred by judicial estoppel. View "Kucera v. Billings" on Justia Law

The Supreme Court affirmed the summary judgment in favor of Collaborative Design Architects, Inc. (CDA) declaring that a prescriptive easement had been acquired over Barrett, Inc.'s property for the Red Lodge High School's secondary access route, holding that the district court did not err in concluding that the City of Red Lodge and the Red Lodge School District established a prescriptive easement.After a survey of its property revealed that an access road to the high school encroached upon its property, Barrett initiated this action against the city and the school district, alleging inverse condemnation, negligence, and state constitutional violations. CDA moved for summary judgment, contending that the city and school district acquired a prescriptive easement across the property. The district court granted the motion. The Supreme Court affirmed, holding that CDA was entitled to judgment as a matter of law upon establishing all of the elements of a prescriptive easement. View "Barrett, Inc. v. City of Red Lodge" on Justia Law

The Supreme Court affirmed the judgment of the district court affirming a justice court verdict finding Appellant guilty of failure to obtain landowner permission for hunting, holding the district court correctly affirmed Appellant's conviction.Specifically, the Supreme Court held (1) under Mont. Code Ann. 87-6-415, the justice court and the district court did not err when they declined to adopt Appellant's argument that "hunting" and "taking or attempting to take" a game animal are separate, distinct actions that the State has the burden of proving; and (2) the justice court did not abuse its discretion by allowing the State to submit its jury instructions after the deadline. View "State v. Cherry" on Justia Law