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| City of Bozeman v. Taylen, DA 06-0364,
SUPREME COURT OF MONTANA, October 9, 2007, Decided
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Overview: City's offer to purchase property from the owners met the requirements of Mont. Code Ann. § 70-30-111(4), which only required a condemnor to make an effort to obtain the property interest sought by submission of a written offer before proceeding to condemnation; the trial court did not err in granting the city immediate possession of the property.
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| Fabich v. PPL Mont., LLC, DA 06-0315,
SUPREME COURT OF MONTANA, October 9, 2007, Decided
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Overview: Where an independent contractor's employee filed a negligence suit after he fell from a scaffolding while working at a power plant, the district court did not err by granting summary judgment for the power plant. The Montana Scaffolding Act, Mont. Code Ann. § 50-77-101(3), did not apply because the power plant did not construct the scaffolding.
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| In re E.K., DA 07-0202,
SUPREME COURT OF MONTANA, October 9, 2007, Decided
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Overview: Trial court did not abuse its discretion in terminating a father's parental rights under Mont. Code Ann. §§ 41-3-609(1)(d), 41-3-423(2)(a) as the trial court found that more than a mere preponderance of the evidence showed that the father sexually abused one of his children and it was immaterial that the State had not criminally charged the father.
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| State v. Southwick, DA 06-0227 and DA 06-0303,
SUPREME COURT OF MONTANA, October 9, 2007, Decided
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Overview: After appellant discharged the unsuspended portion of his five-year sentence with the DOC for issuing a bad check and forgery, the district court did not have the authority to revoke his suspended sentence and return him to the DOC. At the time of his conviction, Mont. Code Ann. § 46-18-201(1)(e)(1997) limited a commitment to the DOC to five years.
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| Silvestrone v. Park County, DA 06-0843,
SUPREME COURT OF MONTANA, October 17, 2007, Decided
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Overview: Trial court properly granted a county summary judgment in a citizen's tort action; the acts or omissions that led to the arrest of the citizen fell under the immunity set forth in Mont. Code Ann. § 2-9-112(1) for the county, and the court noted that the issuance of a warrant for the citizen and a remand of another case constituted judicial acts.
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| State v. Bieber, DA 06-0156,
SUPREME COURT OF MONTANA, October 19, 2007, Decided
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Overview: The court affirmed defendant's convictions of negligent homicide and criminal endangerment; the trial court did not err in denying defendant's suppression motion because the search was done with her consent under Mont. Code Ann. § 46-5-101, expert testimony was proper under Mont. R. Evid. 702, and the jury charge was also proper.
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