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Citizens for a Better Flathead v. Bd. of County Comm’rs

Citizens for a Better Flathead v. Bd. of County Comm’rs, 2016 MT 256 (Oct. 11, 2016) (Baker, J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in striking Citizens’ expert report; (2) whether the district court erred in determining that the Commission substantially complied with the growth policy; (3) whether the district court erred in determining the Commission allowed meaningful public participation; (4) whether the district court erred in determining the Commission adequately incorporated public comments into its decision-making process; and (5) whether the final clause in part 6 of the revised growth policy survives constitutional scrutiny.

Short Answer: (1) No; (2) no; (3) no; (4) no; and (5) yes.

Affirmed

Facts: The Flathead County Commission adopted the original Flathead County Growth Policy in March 2007.…

JAS, Inc. v. Eisele

JAS, Inc. v. Eisele, 2016 MT 33 (Feb. 16, 2016) (Shea, J.; Baker, J., concurring) (5-0, aff’d)

Issue: (1) Whether Bank of America’s notice of the trustee’s sale precludes it from objecting to the sale because it did not strictly comply with the Small Tract Financing Act of Montana; (2) whether Bank of America was entitled to notice of the trustee’s sale when it did not have a recorded interest in the property at the time of the sale; (3) whether JAS in entitled to repayment of funds it paid to OneWest Bank for the property purchased at the trustee’s sale.

Short Answer: (1) No; (2) the Court will not address this issue because it was not raised below; and (3) the Court will not address this issue because it was not raised below.…