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 ‘Dissent’ Category

ionOPINION: Bartell v. Zabawa

Posted by scanner1 on June 10, 2009

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

DA 07-0698,

2009 MT 204,

ANN V. BARTELL, Personal Representative of the Estate of Forbes Bartell,

Plaintiff and Appellant,

v.

KATIE ZABAWA,

Defendant and Appellee.

Posted in Dissent, Extraordinary circumstances, Motion to set aside Judgment, Opinion | Leave a Comment »

OPINION: State v. Ellis

Posted by scanner1 on June 8, 2009

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

DA 08-0149,

2009 MT 192,

STATE OF MONTANA,

Plaintiff and Appellant,

v.

WILLIAM BRUCE ELLIS, JR.,

Defendant and Appellee.

Posted in Dissent, Inevitable Discovery, Motion to Suppress, Opinion, Sexual Assault, Warrantless Search | Leave a Comment »

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 »

UNPUBLISHED OPINION: Luse v. Monteith

Posted by scanner1 on May 20, 2009

The Montana Supreme Court has issued an Unpublished Opinion in the following matter:

DA 08-0522,

2009 MT 178N,

IN RE THE CHILD SUPPORT OF J.M.M., a minor child,

MIRIAM G. LUSE,

Petitioner and Appellant,

v.

JON R. MONTEITH,

Respondent and Appellee.

Posted in Attorneys' Fees/Costs, Child Support, Concurrence, Dissent, Equitable Relief, Estoppel, Unpublished Opinion | Leave a Comment »

OPINION: State v. Hilgendorf

Posted by scanner1 on May 7, 2009

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

DA 07-0763,

2009 MT 158,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

MARK PATRICK HILGENDORF,

Defendant and Appellant.

Posted in Dissent, Inevitable Discovery, Motion to Suppress, Opinion, Particularized Suspicion, Warrantless Search | Leave a Comment »

OPINION: Narum v. Liberty NW

Posted by scanner1 on April 20, 2009

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

DA 08-0311,

2009 MT 127,

JERRY NARUM,

Petitioner and Appellee,

v.

LIBERTY NORTHWEST INSURANCE CORP.,

Respondent/Insurer and Appellant.

Posted in Attorneys' Fees/Costs, Dissent, Opinion, Statutory Penalty, Workers' Compensation | Leave a Comment »

OPINION: State v. Price

Posted by scanner1 on April 20, 2009

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

DA 08-0040,

2009 MT 129,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

CHESTER LAWRENCE PRICE,

Defendant and Appellant.

Posted in Confrontation, Dissent, In Chamber Conference, Opinion | Leave a Comment »

OPINION: Revelation Industries v. St. Paul Fire & Marine Ins. Co.

Posted by scanner1 on April 10, 2009

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

DA 07-0752,

2009 MT 123,

REVELATION INDUSTRIES, INC., formerly known as Revelation Engineering, Inc.,

Plaintiff and Appellant,

v.

ST. PAUL FIRE & MARINE INSURANCE COMPANY,

Defendant and Appellee.

Posted in Dissent, Duty to Defend, Insurance, Opinion | Leave a Comment »

OPINION: State v. Cates

Posted by scanner1 on April 3, 2009

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

DA 07-0421,

2009 MT 94,

STATE OF MONTANA,

Plaintiff and Appellee,

v.

DONALD CATES,

Defendant and Appellant.

 

Posted in Dissent, Double Jeopardy, Motion for Mistrial, Motion to Dismiss, Opinion | Leave a Comment »

OPINION: BUD-KAL v. City of Kalispell

Posted by scanner1 on March 26, 2009

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

DA 08-0318,

2009 MT 93,

BUD-KAL, a partnership, et al.,

Plaintiffs and Appellants,

v.

CITY OF KALISPELL, et al.; the DOWNTOWN BUSINESS IMPROVEMENT DISTRICT, et al.; and THE FLATHEAD COUNTY TREASURER,

Defendants and Appellees.

Posted in Building Improvement District, Dissent, Opinion, Summary Judgment | Leave a Comment »