Sanders v. Scratch Gravel Landfill District

James and Kathy Sanders appeal from an order of the District Court of the First Judicial District, Lewis and Clark County, Montana, granting the motion of Scratch Gravel Landfill District to dismiss their suit. The District Court held that Scratch Gravel Landfill District was immune from suit. We reverse and remand to the District Court.

The issue is whether the District Court erred in determining that, as an agent of a legislative body, Scratch Gravel Landfill District was immune from suit.

James and Kathy Sanders bought a home in Western Hills Subdivision, a few miles north of Helena,…