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  • Commentaries
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Montana Case Commentaries

Knight v. City of Missoula: Reinforcing the Viability of Inverse Condemnation and Nuisance Claims Against Municipal Actions

Knight v. City of Missoula: Reinforcing the Viability of Inverse Condemnation and Nuisance Claims Against Municipal Actions

Date: Mar 11, 1992
Knight v. City of Missoula: Reinforcing the Viability of Inverse Condemnation and Nuisance Claims Against Municipal Actions Introduction In Knight v. City of Missoula, the Supreme Court of Montana...
Tax-Exempt Status of Charitable Institutions: Steer, Inc. v. Department of Revenue of Montana

Tax-Exempt Status of Charitable Institutions: Steer, Inc. v. Department of Revenue of Montana

Date: Dec 12, 1990
Tax-Exempt Status of Charitable Institutions: Steer, Inc. v. Department of Revenue of Montana Introduction Steer, Inc., Plaintiff and Respondent, v. The Department of Revenue of the State of Montana,...
Implied Covenant of Good Faith Limited to Contract Damages: MARK STORY v. CITY OF BOZEMAN

Implied Covenant of Good Faith Limited to Contract Damages: MARK STORY v. CITY OF BOZEMAN

Date: May 4, 1990
Implied Covenant of Good Faith Limited to Contract Damages: MARK STORY v. CITY OF BOZEMAN Introduction The case of Mark Story, d/b/a Mark Story Construction, Plaintiff and Respondent, v. City of...
Balancing Public Transparency and Individual Privacy: Insights from Robert Flesh v. Joint School District #2

Balancing Public Transparency and Individual Privacy: Insights from Robert Flesh v. Joint School District #2

Date: Jan 30, 1990
Balancing Public Transparency and Individual Privacy: Insights from Robert Flesh v. Joint School District #2 Introduction Robert Flesh v. The Board of Trustees of Joint School District #2, Mineral...
Tolling of Statute of Limitations in Temporary Continuing Nuisance: Graveley Ranch v. Scherpings

Tolling of Statute of Limitations in Temporary Continuing Nuisance: Graveley Ranch v. Scherpings

Date: Nov 18, 1989
Tolling of Statute of Limitations in Temporary Continuing Nuisance: Graveley Ranch v. Scherpings Introduction Graveley Ranch v. Thomas Scherping and Anita Scherping is a landmark case decided by the...
Montana Supreme Court Clarifies State Sovereign Immunity in Implied Contract Cases

Montana Supreme Court Clarifies State Sovereign Immunity in Implied Contract Cases

Date: Jul 20, 1989
Montana Supreme Court Clarifies State Sovereign Immunity in Implied Contract Cases Introduction The case of Michael Peretti, Henri Hodnik, et al. v. The State of Montana; The Board of Public...
Mandating Equitable Apportionment Standard in Absence of Separation Agreement: Analysis of In re Marriage of Mary Lou Miller

Mandating Equitable Apportionment Standard in Absence of Separation Agreement: Analysis of In re Marriage of Mary Lou Miller

Date: Jul 19, 1989
Mandating Equitable Apportionment Standard in Absence of Separation Agreement: Analysis of In re Marriage of Mary Lou Miller Introduction In re the Marriage of Mary Lou Miller and Dale Lee Miller,...
Supreme Court of Montana Clarifies Appealability of Interlocutory Orders in Water Rights Adjudication

Supreme Court of Montana Clarifies Appealability of Interlocutory Orders in Water Rights Adjudication

Date: Oct 12, 1988
Supreme Court of Montana Clarifies Appealability of Interlocutory Orders in Water Rights Adjudication Introduction The Supreme Court of Montana delivered a landmark decision on October 11, 1988,...
Defining Acceptable Use of Easements: Limits on Parking and Storage Under Sampson v. Grooms

Defining Acceptable Use of Easements: Limits on Parking and Storage Under Sampson v. Grooms

Date: Jan 20, 1988
Defining Acceptable Use of Easements: Limits on Parking and Storage Under Sampson v. Grooms Introduction The case Elmer O. Sampson v. Ralph G. Grooms and Gertrude Grooms (230 Mont. 190), adjudicated...
Attorney Fees Awarded to Prevailing Complainants Under the Montana Maternity Leave Act

Attorney Fees Awarded to Prevailing Complainants Under the Montana Maternity Leave Act

Date: Oct 16, 1987
Attorney Fees Awarded to Prevailing Complainants Under the Montana Maternity Leave Act Introduction The case of Miller-Wohl Company, Inc. v. Commissioner of Labor and Industry, State of Montana, and...
Inherent Judicial Authority to Compel Funding: A New Precedent from Butte-Silver Bow v. Olsen

Inherent Judicial Authority to Compel Funding: A New Precedent from Butte-Silver Bow v. Olsen

Date: Aug 15, 1987
Inherent Judicial Authority to Compel Funding: A New Precedent from Butte-Silver Bow v. Olsen Introduction The case of Butte-Silver Bow Local Government v. Arnold Olsen stands as a landmark decision...
Application of Equitable Distribution and Retroactive Child Support in Montana's Supreme Court: In Re the Marriage of Carol A. Shirilla

Application of Equitable Distribution and Retroactive Child Support in Montana's Supreme Court: In Re the Marriage of Carol A. Shirilla

Date: Jan 14, 1987
Application of Equitable Distribution and Retroactive Child Support in Montana's Supreme Court: In Re the Marriage of Carol A. Shirilla Introduction The case of In Re the Marriage of Carol A....
Clarifying Arrest Validity and Double Jeopardy: Comprehensive Analysis of State v. Thornton

Clarifying Arrest Validity and Double Jeopardy: Comprehensive Analysis of State v. Thornton

Date: Nov 1, 1985
Clarifying Arrest Validity and Double Jeopardy: Comprehensive Analysis of State of Montana v. Dennis D. Thornton Introduction Case: State of Montana v. Dennis D. Thornton (218 Mont. 317) Court:...
Establishing Probable Cause: Insights from STATE OF MONTANA v. DELBERT JENSEN

Establishing Probable Cause: Insights from STATE OF MONTANA v. DELBERT JENSEN

Date: Aug 6, 1985
Establishing Probable Cause: Insights from STATE OF MONTANA v. DELBERT JENSEN (1985) Introduction STATE OF MONTANA v. DELBERT JENSEN is a pivotal case adjudicated by the Supreme Court of Montana on...
Montana Supreme Court Upholds Investigatory Stop Standards in State v. Sharp

Montana Supreme Court Upholds Investigatory Stop Standards in State v. Sharp

Date: Jul 9, 1985
Montana Supreme Court Upholds Investigatory Stop Standards in State v. Sharp Introduction In the landmark decision of State of Montana v. Wesley Sharp, 217 Mont. 40 (1985), the Montana Supreme Court...
Preservation of Family Farms in Marital Asset Distribution: In Re the Marriage of Eloise E. Glass and Neil A. Glass

Preservation of Family Farms in Marital Asset Distribution: In Re the Marriage of Eloise E. Glass and Neil A. Glass

Date: Mar 22, 1985
Preservation of Family Farms in Marital Asset Distribution: In Re the Marriage of Eloise E. Glass and Neil A. Glass Introduction The case of In Re the Marriage of Eloise Elaine Glass, Petitioner and...
Affirmation of Privacy Rights in State of Montana v. George Solis

Affirmation of Privacy Rights in State of Montana v. George Solis

Date: Jan 1, 1985
Affirmation of Privacy Rights in State of Montana v. George Solis (214 Mont. 310) Introduction State of Montana v. George Solis is a landmark case decided by the Supreme Court of Montana on December...
Confidentiality in Public Employee Evaluations: Analysis of Missoulian v. Board of Regents (1984)

Confidentiality in Public Employee Evaluations: Analysis of Missoulian v. Board of Regents (1984)

Date: Jan 24, 1984
Confidentiality in Public Employee Evaluations: Analysis of Missoulian v. Board of Regents (1984) Introduction The case of Missoulian v. Board of Regents of Higher Education (207 Mont. 513, 1984)...
Admissibility of Parole Status Evidence in Criminal Mischief Cases: Montana Supreme Court Sets New Precedent

Admissibility of Parole Status Evidence in Criminal Mischief Cases: Montana Supreme Court Sets New Precedent

Date: Dec 24, 1983
Admissibility of Parole Status Evidence in Criminal Mischief Cases: Montana Supreme Court Sets New Precedent Introduction In the landmark case of State of Montana v. James E. Gray, 207 Mont. 261...
Assessment of Declaratory Judgment in Hardy v. Krutzfeldt: Restraint on Alienation and Public Policy

Assessment of Declaratory Judgment in Hardy v. Krutzfeldt: Restraint on Alienation and Public Policy

Date: Nov 22, 1983
Assessment of Declaratory Judgment in Hardy v. Krutzfeldt: Restraint on Alienation and Public Policy Introduction Mary Jane Hardy, Mary Joan Fox, Dan Fox, and L.O. Ranch Co., a Mont. Corp. v. Lewis...
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