Archive | Standard of review

RSS feed for this section

Blaine County v. Stricker

Blaine County v. Stricker, 2017 MT 80 (April 11, 2017) (Baker, J.) (5-0, aff’d and rev’d)

Issue: (1) Whether Judge Sherlock correctly concluded that the commission improperly modified the hearing officer’s findings; and (2) whether Judge Reynolds correctly concluded that Judge Sherlock erred.

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

Affirmed and reversed

Facts: Allen Longsoldier, Jr., an 18-year-old Native American, died from delirium tremens while in custody at the Hill County Detention Center. Longsoldier’s estate brought this case from the Human rights Bureau, alleging discrimination on the basis of race and disability. The hearing officer concluded the counties had not discriminated against Longsoldier. The estate appealed to the Human Rights Commission, which found clear error in the findings and concluded the counties had discriminated and remanded to the hearing officer to determine the appropriate relief.…

Peretti v. State Dept. of Revenue

Peretti v. State Dept. of Revenue, 2016 MT 105 (May 10, 2016) (McGrath, C.J.) (5-0, rev’d)

Issue: (1) Whether the district court erred in reversing the State Tax Appeal Board’s valuation order; (2) whether the district court erred in awarding administrative trial costs to the taxpayers; and (3) whether the district court erred in ordering DOR to return all taxes paid under protest. 

Short Answer: (1) Yes; (2) yes; and (3) yes.

Reversed with instructions to reinstate the STAB valuation order

Facts: Perettis own Flathead Lake property with lake frontage. DOR appraised the property in 2012, based on market value in July 2008, and Perettis appealed to the county board. The county board reduced the appraised values from $1,356,201 to $1,192,500 for the land, and $166,980 to $125,000 for the improvements.…

In re Eldorado Coop Canal Co.

In re Eldorado Coop Canal Co., 2016 MT 94 (April 26, 2016) (Wheat, J.) (5-0, aff’d)

Issue: (1) Whether the Water Court correctly concluded that the cumulative volume of water Eldorado may divert from the Teton River for the Eldorado, Truchot, Dennis, and Beattie rights is no more than 15,000 acre-feet per year; (2) whether the Water Court erred in choosing not to assign separate volume limits for each of Eldorado’s four sets of combined irrigation and stockwater rights for the Eldorado, Truchot, Dennis, and Beattie rights; and (3) whether the Water Court erred in limiting the flow rate of the Truchot right to 300 miner’s inches rather than 225 miner’s inches.

Short Answer: (1) Yes; (2) no; and (3) no.…

McClue v. Safeco Insurance Co.

McClue v. Safeco Insurance Co., 2015 MT 222 (Aug. 4, 2015) (Baker, J.) (7-0, aff’d & rev’d)

Issue: (1) Whether the district court improperly excluded causation testimony from Dr. Sabow; and (2) whether the district court properly excluded causation testimony from Dr. Jimmeh-Fletcher.

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

Affirmed and reversed, and remanded for further proceedings

Facts: Carol McClue was involved in a serious accident in January 2009. In 2011, Dr. Sherry Reid and Dr. Decontee Jimmeh-Fletcher diagnosed Carol with bulbar ALS, of which Carol died in 2013.

At the time of the accident, Carol had Underinsured Motorists Coverage through Safeco. After her diagnosis in 2011, she submitted claims to Safeco for damages associated with the ALS.…