Archive | August, 2016

Estate of Kurth

Estate of Kurth, 2016 MT 188 (Aug. 9, 2016) (Cotter, J.) (5-0, aff’d)

Issue: (1) Whether the district court abused its discretion in granting Barstis’s motion to amend, denying Puryers’ motion to amend, and concluding that Kurth died intestate; and (2) whether the district court erred in awarding costs to Barstis.

Short Answer: (1) No; and (2) no.

Affirmed 

Facts: Paul Kurth died in January 2000 at age 82 in Missoula. He had never married and had no children. Before his death, he lived for several years with his niece and her husband, Sinda and Marty Puryer, in Kalispell. In February 1998, Marty hand wrote a document entitled the last will and testament of Paul Kurth. Marty claims that Kurth dictated the contents of the document to him and signed it in his presence and the presence of one other person.…

Arnone v. City of Bozeman

Arnone v. City of Bozeman, 2016 MT 184 (Aug. 2, 2016) (Shea, J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in denying Arnone’s motion for summary judgment and dismissing their complaint; and (2) whether the district court erred in denying Arnone’s motion for reconsideration.

Short Answer: (1) No, and (2) no.

Affirmed

Facts: The Bozeman City Commissioner adopted a nondiscrimination ordinance in June 2014 that prohibits discrimination by landlords, providers of public accommodations, or parties engaged in real estate transactions on the basis of actual or perceived sexual orientation or gender identity. It creates a private cause of action for an aggrieved party claiming a violation of one of its provisions, and authorizes the Bozeman Municipal Court to fashion civil remedies, including injunctive relief.…

State v. Allen

State v. Allen, 2016 MT 185 (Aug. 2, 2016) (Rice, J.) (5-0, aff’d)

Issue: (1) Whether the district court by denying Allen’s motion to dismiss multiple charges of violating an order of protection pursuant to § 46-11-410(2); and (2) whether the district court by denying Allen’s motion to dismiss multiple charges of violating an order of protection on double jeopardy grounds.

Short Answer: (1) No, and (2) this issue was not preserved for appeal.

Affirmed

Facts: Allen sent 35 messages to his ex-girlfriend, BD, in a two-hour period on day in September 2014. BD had an order of protection against Allen, and alerted the police to the messages.…