City of Helena v. Community of Rimini

¶47 In brief fashion, the Court dispenses with Skinner’s retroactivity argument by reasoning, as the Water Court did, that § 85-2-227(4), MCA, “merely changed the burden of proof as to the municipal abandonment inquiry,” and is therefore the same kind of change deemed to be “procedural” in Royston, which the Court reasons “is directly on point.” Opinion, ¶¶ 18, 20. The Court’s analysis indicates that the changes brought about by the statute are not significant and thus concludes that the statute is not retroactive. Opinion, ¶¶ 17-20. However, a proper analysis demonstrates clearly that the…