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 December 17th, 2008

OPINION: Tin Cup v. Garden City

Posted by scanner1 on December 17, 2008

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

DA 07-0743,

2008 MT 434,

TIN CUP COUNTY WATER AND/OR SEWER DISTRICT,

Plaintiff and Appellant,

v.

GARDEN CITY PLUMBING & HEATING, INC., a Montana corporation and DRUYVESTEIN JOHNSON & ANDERSON, Inc. a Montana corporation, DRUYVESTEIN JOHNSON & ANDERSON, PC, a Montana Professional Corporation and DOE DEFENDANTS,

Defendants and Appellees.

Posted in Expert Witness, Opinion, Statute of Limitations, Summary Judgment, gravamen of the claim | Leave a Comment »

UNPUBLISHED OPINION: State v. Haffey

Posted by scanner1 on December 17, 2008

The Montana Supreme Court has issued an Unpublished Opinion in the following matter:

DA 07-0605,

2008 MT 433N,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

STEPHEN PATRICK HAFFEY,

Defendant and Appellant.

Posted in DUI, Ineffective Assistance, Unpublished Opinion | Leave a Comment »

UNPUBLISHED OPINION: State v. McDaniel

Posted by scanner1 on December 17, 2008

The Montana Supreme Court has issued an Unpublished Opinion in the following matter:

DA 08-0032,

2008 MT 432N,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

DENNIS McDANIEL,

Defendant and Appellant.

Posted in Unnecessary Delay, Unpublished Opinion | Leave a Comment »

UNPUBLISHED OPINION: Flathead River v. Wolf

Posted by scanner1 on December 17, 2008

The Montana Supreme Court has issued an Unpublished Opinion in the following matter:

DA 08-0019,

2008 MT 431N,

FLATHEAD RIVER RANCH ESTATES,

Plaintiff and Appellee,

v.

PHILLIP WOLF and KATHLEEN WOLF,

Defendants and Appellants.

Posted in Attorneys' Fees/Costs, Default Judgment, Pro se representation, Sanctions, Unnecessary Delay, Unpublished Opinion | Leave a Comment »

UNPUBLISHED OPINION: Middlemiss v. Ferriter

Posted by scanner1 on December 17, 2008

The Montana Supreme Court has issued an Unpublished Opinion in the following matter:

DA 08-0138,

2008 MT 430N,

JOHN MIDDLEMISS,

Plaintiff and Appellant,

v.

MIKE FERRITER; MIKE MAHONEY; TOM WOOD; MARK LOCHRIE; GREGG BUDD; KENNETH NEUBAUER; TRICIA ROBLES; KEN COZBY; THE DEPARTMENT OF CORRECTIONS; THE MONTANA STATE PRISON; THE STATE OF MONTANA,

Defendants and Appellees.

Posted in Appeal without merit, Prison Conditions, Prisoner, Summary Judgment, Unpublished Opinion | Leave a Comment »

OPINION: State v. Park

Posted by scanner1 on December 17, 2008

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

DA 08-0027,

2008 MT 429,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

DAWN ELIZABETH PARK,

Defendant and Appellant.

Posted in Conditions, Opinion, Suspended Sentence | Leave a Comment »

OPINION: First Citizens Bank v. Sullivan

Posted by scanner1 on December 17, 2008

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

DA 06-0719, 

2008 MT 428,

FIRST CITIZENS BANK,

Plaintiff and Appellant,

v.

PATRICK J. SULLIVAN and GREG J. EIDE,

Defendants and Appellees.

Posted in Attorneys' Fees/Costs, Commercial Liquidation, Deficiency Judgment, Guarantee, Impeachment, Opinion, Release | Leave a Comment »

OPINION: State v. Dunning

Posted by scanner1 on December 17, 2008

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

DA 06-0824,

2008 MT 427,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

DALE HENRY DUNNING,

Defendant and Appellant.

Posted in Evidence, Opinion, Sentencing, Witness Creditability | Leave a Comment »

OPINION: Neal v. Nelson

Posted by scanner1 on December 17, 2008

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

DA 06-0800,

2008 MT 426,

JAMES ANTHONY NEAL,

Plaintiff and Appellant,

v.

JEREMY JAY NELSON,

Defendant, Appellee and Cross-Appellant.

Posted in Attorneys' Fees/Costs, Expert Witness, Jury Award, Jury Instructions, Opinion | Leave a Comment »

OPINION: Pennaco v. DEQ

Posted by scanner1 on December 17, 2008

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

DA 07-0755,

2008 MT 425,

PENNACO ENERGY, INC., MARATHON OIL COMPANY, ST. MARY’S LAND & EXPLORATION COMPANY, and YATES PETROLEUM CORPORATION,

Plaintiffs and Appellants,

v.

MONTANA BOARD OF ENVIRONMENTAL REVIEW, MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY, NORTHERN PLAINS RESOURCE COUNCIL, and TONGUE RIVER WATER USERS’ ASSOCIATION,

Defendants and Appellees.

Posted in Administrative Law, Coal Bed Methane, Environmental Law, Opinion, Rulemaking, Summary Judgment | Leave a Comment »