State Law Library of Montana

Notices of new Opinions and Orders from the Montana Supreme Court, Library Announcements, Research Tips, and Montana Legal News

Archive for June, 2007

OPINION: Mary J. Barker Revocable Trust v. Cenex Harvest States Coop.

Posted by mtlawlibrary on June 27, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

No. 04-333,

2007 MT 159,

THE MARY J. BAKER REVOCABLE

TRUST and LINDA J. ECKLUND, on

behalf of themselves and all similarly

situated persons and entities,

Plaintiffs and Appellants,

v.

CENEX HARVEST STATES, COOPERATIVES,

INC., and FRONT RANGE PIPELINE, L.L.C.,

Defendants and Respondents.

Posted in Appellate Procedure, Civil, Contract, Easement, Evidence, Opinion, Parol Evidence, Real Estate | Leave a Comment »

OPINION: Giambra v. Kelsey

Posted by mtlawlibrary on June 27, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

No. 05-335,

2007 MT 158,

DAVID GIAMBRA and ALEXANDRIA GIAMBRA

husband and wife on behalf of their minor child,

ZADKEIL GIAMBRA,

Plaintiffs and Appellants,

v.

CRAIG KELSEY and CHRISTINE KELSEY,

husband and wife and NICHOLAS LELSEY,

Defendants and Respondents.

Posted in Appellate Procedure, Civil, Contributory Negligence, Damages, Jury Instructions, Motion for New Trial, Negligence Per Se, Opinion, Standard of Review | Leave a Comment »

UNPUBLISHED OPINION: State v. Romero

Posted by mtlawlibrary on June 27, 2007

The Montana Supreme Court has issued an Unpublished Opinion in the followi

No. DA 06-0184,

2007 MT 157N,

STATE OF MONTANA,

Plaintiff and Respondent,

v.

DARRYL A. ROMERO,

Defendant and Appellant.

Posted in Unpublished Opinion | Leave a Comment »

UNPUBLISHED OPINION: State v. Runningfisher

Posted by mtlawlibrary on June 27, 2007

The Montana Supreme Court has issued an Unpublished Opinion in the following matter:

No. DA 06-0614,

2007 MT 156N,

STATE OF MONTANA,

Plaintiff and Respondent,

v.

JOHN RUNNINGFISHER,

Defendant and Appellant.

Posted in Unpublished Opinion | Leave a Comment »

OPINION: Estate of Ayers

Posted by mtlawlibrary on June 27, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

No. DA 06-0631,

2007 MT 155,

IN THE MATTER OF THE ESTATE OF

KATHLEEN LYNCH AYERS,

Deceased.

Posted in Civil, Intestate, Opinion, Probate, Real Estate, Will | Leave a Comment »

OPINION: Montana Solid Waste Contractors v. Montana Dept. of Public Serv. Regulation

Posted by mtlawlibrary on June 27, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

No. DA 06-0175,

2007 MT 154,

MONTANA SOLID WASTE CONTRACTORS, INC.

and ALLIED WASTE SERVICES OF NORTH

AMERICA, LLC (formerly BFI Waste Systems

of North America, Inc.),

Petitioners and Appellants,

v.

MONTANA DEPARTMENT OF PUBLIC

SERVICE REGULATION; THE MONTANA

PUBLIC SERVICE COMMISSION; and

MACKENZIE DISPOSAL, INC.,

Respondents and Respondents.

Posted in Administrative Law, Civil, Opinion | Leave a Comment »

OPINION: State Farm v. Gibson

Posted by mtlawlibrary on June 25, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

05-216,

2007 MT 153,

STATE FARM MUTUAL AUTOMOBILE

INSURANCE COMPANY,

Plaintiff and Respondent,

v.

JEFF GIBSON, MELINDA GIBSON, AMBER

GIBSON, ZACHERY GIBSON and EDWARD

KINION,

Defendants and Appellants

and Counter-Claimants.

Posted in Civil, Insurance, Motor Vehicle Accident, Opinion | Leave a Comment »

ORDER: Matter of Rules of Evidence

Posted by mtlawlibrary on June 20, 2007

The Montana Supreme Court has issued an Order amending Montana Rules of Evidence 407, 803(8), and 806.  The Court postponed discussion of proposed amendments to MRE 804(b).  A copy of the Order in docket number AF 07-0031 is available here

Posted in Court Rules, Evidence, Order | Leave a Comment »

UNPUBLISHED OPINION: City of Helena v. Ritrovato

Posted by mtlawlibrary on June 19, 2007

The Montana Supreme Court has issued an Unpublished Opinion in the following matters:

DA 06-0546,

2007 MT 152N,

CITY OF HELENA,

Plaintiff and Respondent,

v.

DORY LEE RITROVATO,

Defendant and Appellant.

Posted in Unpublished Opinion | Leave a Comment »

UNPUBLISHED OPINION: Matter of K.M.; Matter of T.M.; Matter of L.M.

Posted by mtlawlibrary on June 19, 2007

The Montana Supreme Court has issued an Unpublished Opinion in the following matters:

2007 MT 151N,

IN THE MATTER OF K.M.,

DA 06-0783

A Youth in Need of Care,

 

IN THE MATTER OF T.M.,

DA 06-0784

A Youth in Need of Care,

 

IN THE MATTER OF L.M.,

DA 06-0785

A Youth in Need of Care.

Posted in Unpublished Opinion | Leave a Comment »