McKinnon v. Western Sugar Cooperative Corp.

¶1 Lance McKinnon (McKinnon) appeals an order of the First Judicial District Court, Lewis and Clark County, dismissing his complaint for failure to state a claim and denying his constitutional challenge based on McKinnon’s failure to notify the Attorney General’s office. We reverse.

¶2 We review the following issues on appeal:

¶3 Did the District Court correctly dismiss McKinnon’s intentional injury claim for failure to state a claim ?

¶4 Did the District Court correctly apply M. R. Civ. P. 24(d) when it dismissed McKinnon’s constitutional challenge?

FACTUAL AND PROCEDURAL BACKGROUND

¶5 A railcar…