Spencer v. Flathead County

Flathead County and the State of Montana appeal from an order of the Lincoln County District Court denying their request for a change of venue from Lincoln County to Flathead County. The trial court held that it was proper to bring this action in Lincoln County as that is where plaintiff Gary Lee Spencer was mistakenly arrested. We affirm.

Venue in actions brought by nongovernmental entities against counties is determined by Section 2-9-312(2), MCA, which establishes venue in either the county where the cause of action arose, or where the county being sued is located.

This lawsuit, filed in…