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   State Courts - Montana - May 21 - May 23, 2007

  
Baumgardner v. Public Employees Ret. Bd., Cause No. ADV-2002-450, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 21, 2007, Decided
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In re Marriage of Christensen, Cause No. ADR-1995-688, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 21, 2007, Decided
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Fielder v. Bd. of County Comm'rs, No. DA 06-0285, SUPREME COURT OF MONTANA, May 22, 2007, Decided
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Overview: Residents' appeal from the county commissioners' decision regarding plat approval for a subdivision was not untimely under Mont. R. Civ. P. 5(e); for purposes of Mont. Code Ann. § 70-1-513 and other interpretation statutes, the trial court properly found no error in the commissioners' finding of legal access.

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Harding v. Garcia, No. DA 07-0167, SUPREME COURT OF MONTANA, May 22, 2007, Decided
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Overview: Where the employee prevailed in an action against her employer under the Montana Wrongful Discharge from Employment Act, Mont. Code Ann. §§ 39-2-901 et seq., the judgment was not final, for purposes of Mont. R. App. P. 1(b)(1), until the post-trial motions were decided. The employer's appeal filed four days later was timely.

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In re Parenting of J.M., No. DA 06-0466, SUPREME COURT OF MONTANA, May 22, 2007, Decided
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Overview: The court affirmed the termination of a father's parental rights pursuant to Mont. Code Ann. § 41-3-609(1)(f), (2)(c), (d), (3); the father did not completely comply with his treatment plans and the trial court's findings of fact were supported by substantial evidence.

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State v. Pyette, No. 05-677, SUPREME COURT OF MONTANA, May 22, 2007, Decided
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Overview: Where defendant received two notices informing her that her license would be suspended if she failed to appear before the justice court and failed to pay fines, she was not denied due process in the suspension of her driver's license. Mont. Code Ann. § 65-4-214 was not unconstitutional on its face.

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Bingman v. Mahoney, Docket No. OP 07-0249, SUPREME COURT OF MONTANA, May 23, 2007, Decided
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Overview: Where petitioner admitted to the parole board to testing positive for alcohol and operating his motor vehicle without a license, there was no question that he violated the conditions of his parole. Because his return to prison was not unlawful restraint, he was not entitled to habeas corpus relief.

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Marshall v. Frank, Cause No. CDV-2005-745, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 23, 2007, Decided
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N. Plains Res. Council v. Mont. Dep't of Natural Res. & Conservation, Cause No. CDV-2007-37, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 23, 2007, Decided
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Stafford v. Mahoney, Docket No. OP 07-0261, SUPREME COURT OF MONTANA, May 23, 2007, Decided
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