Legal Opinion · Concurring in part, dissenting in part

Public Land/Water Access Ass'n v. Jones

Montana Supreme Court

Decided October 15, 2015No. DA 14-0650Published

1Concurring in part, dissenting in partJustice Rice

¶38 I dissent on the cross-appeal. The Court holds, without expressly stating, that the District Court abused its discretion by including attorney fees within the $375,000 restoration award fashioned for *277PLWA. “ ‘In an action for a declaratory judgment, § 27-8-313, MCA, may provide a statutory basis for awarding attorney fees as supplemental relief, if such an award is determined to be necessary and proper.’ ” Beebe v. Bd. of Dirs. of the Bridger Creek Subdivision Cmty. Ass’n, 2015 MT 183, ¶ 26, 379 Mont. 484, 352 P.3d 1094 (citation omitted). “We review for an abuse of discretion a district…

2Cases cited5 opinions

  1. Carl Lee Thompson v. Tim Parkes, Remington Industries, Inc.Court of Appeals for the Sixth Circuit · 1992
  2. Wagner v. WoodwardMontana Supreme Court · 2012
  3. Horace Mann Insurance v. HankeMontana Supreme Court · 2013
  4. Muri v. FrankMontana Supreme Court · 2001
  5. Beebe v. Bridger Creek Sub.Montana Supreme Court · 2015

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