Fair Hearing of Hofer v. Montana Department of Public Health & Human Services

¶ 1 The Department of Public Health and Human Services (“DPHHS”) appeals from a Memorandum and Order of the Montana First Judicial District Court, Lewis and Clark County, in which the court held that the net assets of King Colony Ranch, Incorporated, (“KCR” or “Colony”)-a Hutterite colony to which the seven above-named Claimants (“Claimants”) belong-are not available to Claimants and that a trust relationship does not exist between Claimants and KCR, nor between DPHHS and KCR. On cross-appeal, Claimants argue that the District Court, in granting Claimants’ petition, failed to address an…