Rohlfs v. KLEMENHAGEN, LLC

¶44 Though I do not join Justice Nelson’s Dissent verbatim, I strongly agree with his well-reasoned conclusion that § 27-1-710(6), MCA, is special legislation prohibited by Article V, Section 12 of the Montana Constitution. In this connection, I fully concur with his observations set forth in ¶¶ 101-111. Legislative insulation of those who provide alcohol to intoxicated persons from the operation of law applicable to all other tortfeasors is an indefensible particular privilege prohibited by our Constitution. The notice provision also constitutes an indefensible disability imposed upon those…