Legal Opinion · Dissent

Hill County High School District No. a v. Dick Anderson Construction, Inc.

Montana Supreme Court

Decided February 7, 2017No. DA 16-0186Published

1DissentJustice Wheat

¶30 I dissent from the Court’s decision to affirm the grants of summary judgment to Anderson and Springer because I believe the School District’s evidence regarding when its cause of action accrued presented a genuine issue of material fact which precluded summary judgment. I would reverse and remand.

¶31 The District Court expressly found that from 1997, when the school roof project was initiated “to stop the immediate leaking” of the existing roof, through 2003, the School District repeatedly reported problems with the new roof to Anderson and Springer, including that the roof leaked, lost…

2Cases cited3 opinions

  1. Northern Cheyenne Tribe v. Roman Catholic ChurchMontana Supreme Court · 2013
  2. Nelson v. NelsonMontana Supreme Court · 2002
  3. Harrington v. Crystal Bar, Inc.Montana Supreme Court · 2013

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