Archive | August, 2017

Watters v. City of Billings

Watters v. City of Billings, 2017 MT 211 (Aug. 28, 2017) (Rice, J.; Wheat, J., dissenting) (5-2, rev’d)

Issue: Whether the district court erred by holding the CBAs were unambiguous and excluding extrinsic evidence concerning their interpretation.

Short Answer: Yes.

Reversed and remanded

Facts: Officers are current and retired police officers and members of the union, which collectively bargains with the city. The central dispute in this case is the correct interpretation of the longevity pay provisions in the 2000-2003, 2003-2006, and 2006-2009 CBAs.…

Moore v. Goran, LLC

Moore v. Goran, LLC, 2017 MT 208 (Aug. 22, 2017) (McGrath, C.J.) (5-0, aff’d)

Issue: (1)Whether the crushed aggregate material is a “good” under the Uniform Commercial Code, and (2) whether the weight of the material as determined at the seller’s gravel pit formed the basis of payment under the sales contract.

Short Answer: (1) Yes, and (2) yes.

Summary judgment for seller affirmed

Facts: Mark Moore owns a gravel pit north of Red Lodge. Goran, LLC is a Utah company contracted by the Montana DOPT to build the Red Lodge Tied projects. Moore and Goran entered into a contract under which Moore agreed to provide Goran with crushed aggregate material. The parties used Goran’s form contract.…

Ally Financial, Inc. v. Stevenson

Ally Financial, Inc. v. Stevenson, 2017 MT 190 (Aug. 8, 2017) (Wheat, J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in determining it had subject matter jurisdiction, and (2) whether venue was proper in Chouteau County under § 30-14-133(1), MCA.

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

Affirmed

Facts: Stevenson bought a fifth wheel trailer from Big Sky RV, Inc. in 2014 for $72,595. She traded in her previous trailer for $8,000, provided a down payment of $21,773, and financed the remainder through Ally Bank. Big Sky delivered the new trailer to Stevenson’s home in Chouteau County in August 2014, and picked up her trade-in the same day.…