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Archive for the 'Administrative Law' Category


OPINION: The Stube & Chuckwagon Grill

Posted by scanner1 on May 13, 2008

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

DA 07-0254,

2008 MT 165,

IN THE MATTER OF the Application for Transfer of Location for Montana All-Alcoholic Beverages Resort License No. 07-999-2667-009, THE MOUNTAIN MONKEY, 3842 Winter Lane, Whitefish, Flathead County, Montana

APPLICANT: The Stube & Chuckwagon Grill, LLC - Rande Hall, Sole Member (Cause No. 06-116-LQ),

Petitioner and Appellant.

Posted in Administrative Law, Beverage License, Opinion | No Comments »

OPINION: Indian Health v. MT Dept. of Labor & Industry

Posted by scanner1 on February 13, 2008

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

DA 06-0491,

2008 MT 48,

INDIAN HEALTH BOARD OF BILLINGS, INC.,

Petitioner and Appellee,

v.

MONTANA DEPARTMENT OF LABOR AND

INDUSTRY, MONTANA HUMAN RIGHTS

COMMISSION, and LITA PEPION,

Respondents and Appellants.

Posted in Administrative Law, Employment Law, Opinion | No Comments »

OPINION: Town Pump v. Petroleum Tank Release Comp. Bd.

Posted by mtlawlibrary on January 25, 2008

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

DA 07-0078,

2008 MT 15,

TOWN PUMP, INC.,
Petitioner and Appellant,

v.

PETROLEUM TANK RELEASE
COMPENSATION BOARD (Board) and
THE MONTANA DEPARTMENT OF
ENVIRONMENTAL QUALITY (DEQ),
Defendants and Appellees.

Posted in Administrative Law, Opinion, Retroactivity | No Comments »

OPINION: Bonner Sch. Dist. No. 14 v. Bonner Educ. Ass’n

Posted by mtlawlibrary on January 16, 2008

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

DA 06-0724,

2008 MT 9,

BONNER SCHOOL DISTRICT NO. 14,
Petitioner and Appellee,

v.

BONNER EDUCATION ASSOCIATION,
MEA-MFT, NEA, AFT, AFL-CIO,
Respondents and Appellants.

Posted in Administrative Law, Civil, Contract, Labor Law, Opinion | No Comments »

OPINION: Michalak v. Liberty Northwest Insur. Corp.

Posted by mtlawlibrary on January 3, 2008

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

DA 07-0208,

2008 MT 3,

CURTIS M. MICHALAK,
Petitioner and Appellee,

v.

LIBERTY NORTHWEST INSURANCE CORPORATION,
Respondent/Insurer and Appellant.

Posted in Administrative Law, Civil, Employment Law, Opinion, Workers' Compensation | No Comments »

OPINION: Mont. Petroleum Tank Release Comp. Bd. v. Crumleys

Posted by mtlawlibrary on January 3, 2008

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

DA 06-0505,

2008 MT 2,

MONTANA PETROLEUM TANK RELEASE
COMPENSATION BOARD,
Plaintiff, Appellee and Cross-Appellant,

v.

CRUMLEYS, INC., d/b/a KENECO PETROLEUM EQUIPMENT;
NORMAN EXCAVATING, INC.; D & L SERVICES, a General
Partnership and Its General Partners, DOUG DANDRO and
LEONARD WALLIS; and DOES 1-25,
Defendants,

FEDERATED SERVICE INSURANCE COMPANY.
Defendant and Appellant.
———————————————————————-
FEDERATED SERVICE INSURANCE COMPANY,
Cross-Claimants,

v.

CRUMLEYS, INC., d/b/a KENECO PETROLEUM EQUIPMENT;
NORMAN EXCAVATING, INC., D & L SERVICES, a General
Partnership and Its General Partners, DOUG DANDRO and
LEONARD WALLIS,
Cross-Defendants.

Posted in Administrative Law, Attorneys' Fees/Costs, Civil, Damages, Environmental Law, Evidence, Hearsay, Insurance, Opinion, Public Records, Subrogation | No Comments »

OPINION: Flathead Citizens for Quality Growth v. Flathead County Bd. of Adjustment

Posted by mtlawlibrary on January 3, 2008

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

DA 06-0173,

2008 MT 1,

FLATHEAD CITIZENS FOR QUALITY GROWTH, INC.,
Plaintiff and Appellant,

v.

FLATHEAD COUNTY BOARD OF ADJUSTMENT,
Defendant and Appellee,
____________________
TUTVEDT FAMILY PARTNERSHIP,
Plaintiff and Appellant,

v.

FLATHEAD COUNTY BOARD OF ADJUSTMENT,
Defendant and Appellee.

Posted in Administrative Law, Civil, Conditional Use Permit, Opinion, Real Estate, Zoning | No Comments »

OPINION: Qwest v. Mont. Dept. of Public Serv. Regulation

Posted by mtlawlibrary on December 20, 2007

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

05-035,

2007 MT 350,

QWEST CORPORATION,
Petitioner and Appellee,

v.

MONTANA DEPARTMENT OF PUBLIC SERVICE
REGULATION, MONTANA PUBLIC SERVICE
COMMISSION,
Respondent and Appellant.

Posted in Administrative Law, Final Agency Action, Opinion, Ripeness | No Comments »

OPINION: Doty v. Comm’r of Political Practices

Posted by mtlawlibrary on December 18, 2007

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

DA 06-0754,

2007 MT 341,

RUSSELL L. DOTY,
Petitioner and Appellant,

v.

MONTANA COMMISSIONER OF POLITICAL
PRACTICES, BRADLEY MOLNAR and JOHN E. OLSEN,
Respondents and Appellees,

and

IN THE MATTER OF:
THE COMPLAINT AGAINST BRADLEY
MOLNAR AND JOHN E. OLSEN.

Posted in Administrative Law, Campaign Finance, Civil, Declaratory Judgment, Election Law, Mandamus, Opinion, Standing | No Comments »

OPINION: Pinnow v. State Fund

Posted by mtlawlibrary on December 13, 2007

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

DA 06-0203,

2007 MT 332,

GAYLE PINNOW,
Claimant and Appellant,

v.

MONTANA STATE FUND,
Respondent and Appellee,

and

HALVERSON, SHEEHY & PLATH, P.C.,
Intervenor and Appellee.

Posted in Administrative Law, Attorneys' Fees/Costs, Opinion, Recusal/Disqualification of Judge, Settlement Agreement, Subject Matter Jurisdiction, Workers' Compensation | No Comments »