Legal Opinion · Concurrence

ASPEN TRAILS RANCH, LLC v. Simmons

Montana Supreme Court

Decided April 14, 2010No. DA 09-0358Published

1ConcurrenceJustice Nelson

specially concurs.

¶71 I specially concur in the Court’s Opinion, although I also agree with Landowners’ argument, on brief, that Aspen Trails’ motion to intervene after judgment was untimely. Read together, our cases hold that post-judgment motions to intervene are generally disfavored and that once the litigation has commenced and the potential intervenor has had notice and the opportunity to move to intervene, but fails to do so, then intervention after the litigation has concluded and judgment entered is untimely and should be denied. See Connell v. Dept. of Social and Rehab. Serv., 2003…

2Cases cited1 opinion

  1. Connell v. State Department of Social and Rehabilitation ServicesMontana Supreme Court · 2003

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