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   State Courts - Montana - June 13, 2006

  
Dubray v. State, Docket No. CDV-04-1422, EIGHTH JUDICIAL DISTRICT COURT OF MONTANA, CASCADE COUNTY, June 13, 2006, Decided
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Estate of James, Cause No. DP-99-4782, FIFTH JUDICIAL DISTRICT COURT OF MONTANA, BEAVERHEAD COUNTY, June 13, 2006, Decided
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Germann v. Stephens, No. 05-446, SUPREME COURT OF MONTANA, June 13, 2006, Decided
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Overview: The trial court properly granted a city and city council members summary judgment in connection with business owner's claims under 42 U.S.C.S. § 1983 and under Mont. Const. art. II, §§ 4, 17, 29 because she did not show that city's actions in denying her use permits deprived her of a vested property right to operate a business as a bar or casino.

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In re Marriage of Olson, Cause No. DR-03-686, FOURTH JUDICIAL DISTRICT COURT OF MONTANA, MISSOULA COUNTY, June 13, 2006, Decided
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Mont. Petroleum Tank Release Comp. Bd. v. Capitol Indem. Co., No. 05-228, SUPREME COURT OF MONTANA, June 13, 2006, Decided
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Overview: Under Mont. Code Ann. § 27-2-202(1), a claim for reimbursement by the Montana Petroleum Tank Release Compensation Board to an indemnity company was time-barred, and the board had no other subrogation rights; the award of sanctions under Mont. R. Civ. P. 37(d)(2) against an insurer was proper.

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North 93 Neighbors, Inc. v. Bd. of County Comm'rs , No. 05-179, SUPREME COURT OF MONTANA, June 13, 2006, Decided
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Overview: Where the county board of commissioners amended zoning regulations for the development of a shopping mall, the board's sole reliance on a report prepared before over 4,400 members of the public voiced their concerns rendered the board's decision an abuse of discretion under the Montana Growth Policy Act, Mont. Code Ann. §§ 76-1-602 to -604.

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Stringer-Altmaier v. Haffner, No. 04-352, SUPREME COURT OF MONTANA, June 13, 2006, Decided
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Overview: For purposes of Mont. Code Ann. § 49-2-303(1)(a), there was a hostile work environment that the employee was subjected to when a manager harassed her and the owner failed to do anything about the matter, and thus the trial court's ruling affirming the reversal of a finding of discrimination was improper.

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Sullivan v. Helena Sch. Dist. No. 1, Cause No. ADV-2006-71, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, June 13, 2006, Decided
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Vogel v. Intercontinental Truck Body, Inc., No. 05-390, SUPREME COURT OF MONTANA, June 13, 2006, Decided
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Overview: In a workers' compensation case, the employee claimed that he was unable to perform his job. Judicial estoppel precluding him from taking an inconsistent position in his suit for damages under the Montana Wrongful Discharge From Employment Act, Mont. Code Ann. §§ 39-2-901 to -915. The employer was entitled to summary judgment.

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