MC, Inc. v. Cascade City-County Bd. Of Health, 2015 MT 52 (Feb. 24, 2015) (Rice, J.) (5-0, rev’d)
Issue: (1) Whether the district court properly granted summary judgment to Casino Owners regarding their compliance with the Montana Clean Indoor Air Act, and (2) whether the district court abused its discretion by awarding attorneys’ fees to Casino Owners for the preliminary injunction proceeding.
Short Answer: (1) No, and (2) yes.
Reversed and remanded for entry of judgment in the board’s favor
Facts: In 2011, Casino Owners built smoking shelters attached to their two casinos. The shelters have four walls, including a common wall with the casinos, multiple large glass windows, inside entrances, a roof, carpeting, heating, air conditioning, electricity, and gaming machines.…