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 the ‘Administrative Law’ Category

OPINION: Bostwick Properties v. Dept. of Natural Resources

Posted by scanner1 on May 22, 2009

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

DA 08-0248,

2009 MT 181,

BOSTWICK PROPERTIES, INC.,

Petitioner and Appellee,

v.

MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION,

Respondent and Appellant.

Posted in Administrative Law, Concurrence, Dissent, Judicial Review, Mandamus, Opinion, Water Use Permit | Leave a Comment »

OPINION: Wage Claims of Smith v. TYAD

Posted by scanner1 on May 20, 2009

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

DA 07-0305,

2009 MT 180,

IN THE MATTER OF THE WAGE CLAIMS OF RENNE L. SMITH, JESSICA R. LABERDEE, LORI L. NIENDORF, SARAH L. SARSFIELD, TAMMY R. MAUSETH, TOMA D. CAMPBELL, and MONICA G. HAMILTON,

Claimants and Appellees,

v.

TYAD, INC., a Montana corporation d/b/a THE PLAYGROUND LOUNGE and CASINO,

Respondent and Appellant.

Posted in Administrative Law, Employee, Independent Contractor, Opinion, Wage and Hour Claims | Leave a Comment »

OPINION: Pacificorp v. State DOR

Posted by scanner1 on April 22, 2009

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

DA 08-0010,

2009 MT 140,

PACIFICORP,

Petitioner and Appellee,

v.

STATE OF MONTANA, DEPARTMENT OF REVENUE,

Respondent and Appellant.

Posted in Administrative Law, Opinion, State Tax Appeal Board, Subject Matter Jurisdiction | Leave a Comment »

OPINION: McLeod v. State

Posted by scanner1 on April 20, 2009

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

DA 07-0754,

2009 MT 130,

JACK McLEOD,

Plaintiff and Appellant,

v.

STATE OF MONTANA, acting by and through the MONTANA DEPARTMENT OF TRANSPORTATION, and SUE HOELL, JOHN DOE and JANE DOE,

Respondents and Appellees.

Posted in Administrative Law, Defamation, Malicious Prosecution/Abuse of Process, Opinion, Summary Judgment | Leave a Comment »

OPINION: Beasley v. Flathead County

Posted by scanner1 on April 9, 2009

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

DA 08-0193,

2009 MT 121,

ROBERT J. BEASLEY,

Petitioner and Appellant,

v.

FLATHEAD COUNTY; Flathead County Board of Adjustment; Flathead County Zoning Administrator Jeff Harris; and Does 1-10, inclusive,

Respondents and Appellees.

Posted in Administrative Law, Concurrence, Motion to Dismiss, Opinion, Res Judicata | Leave a Comment »

OPINION: Beasley v. Flathead Co. Board of Adjustments

Posted by scanner1 on April 9, 2009

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

DA 08-0192,

2009 MT 120,

ROBERT J. BEASLEY,

Petitioner and Appellant,

v.

FLATHEAD COUNTY BOARD OF ADJUSTMENTS,

Respondent and Appellee.

Posted in Administrative Law, Mandamus, Motion to Dismiss, Opinion | Leave a Comment »

OPINION: Shelby Distributors v. MT Dept. of Revenue

Posted by scanner1 on March 18, 2009

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

DA 07-0334,

2009 MT 80,

SHELBY DISTRIBUTORS, LLC, a Montana Limited Liability Company,

Petitioner and Appellant,

v.

MONTANA DEPARTMENT OF REVENUE,

Respondent and Appellee.

Posted in Administrative Law, Alcohalic Beverage Regulation, Dissent, Due Process, Gambling Industry Regulation, Opinion | Leave a Comment »

UNPUBLISHED OPINION: Gillispie v. Dept. of Labor

Posted by scanner1 on March 18, 2009

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

DA 07-0561,

2009 MT 77N,

LAURENCE GILLISPIE, d/b/a EAGLE CREST ELECTRIC, Licensed Master Electrician,

Petitioner and Appellant,

v.

MONTANA DEPARTMENT OF LABOR AND INDUSTRY, and STATE ELECTRICAL BOARD,

Respondents and Appellees.

Posted in Administrative Law, Due Process, Hearing Officer, Professional License, Unpublished 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 »

OPINION: Clark Fork Coalition v. MT Dept. of Environmental Quality

Posted by scanner1 on December 5, 2008

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

DA 06-0774,

2008 MT 407,

CLARK FORK COALITION, ROCK CREEK ALLIANCE, INC., CABINET RESOURCE GROUP, INC., MONTANA ENVIRONMENTAL INFORMATION CENTER, INC., AND TROUT UNLIMITED,

Plaintiffs and Appellants,

v.

MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY,

Defendant and Appellee.

Posted in Administrative Law, Montana Water Quality Act, Opinion, Standard of Review | Leave a Comment »