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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.…

Moe v. Butte-Silver Bow County

Moe v. Butte-Silver Bow County, 2016 MT 103 (May 10, 2016) (Baker, J.) (5-0, aff’d)

Issue: (1) Whether the district court properly granted partial summary judgment to the county on Moe’s claim that it violated Montana’s open meeting laws; (2) whether the district court properly granted partial summary judgment to the county on Moe’s claim that it violated Montana’s public participation laws; (3) whether the district court properly granted partial summary judgment to the county on Moe’s § 1983 claim; (4) whether the district court erred in holding as a matter of law that the county did not discharge Moe in violation of its own policies or for refusing to violate public policy; and (5) whether the district court erred in holding that Moe is entitled to a trial on her claim that the county terminated her employment without good cause.…