Orr v. State

¶83 I dissent from the Court’s Opinion and its remand of this action to the District Court. A correct interpretation of the law requires the decision of the District Court to dismiss this suit be affirmed.

¶84 Virtually all of the Miners’ claims arose before the adoption of the 1972 Montana Constitution which became effective July 1, 1973. Absent the Court’s innovative re-definition of the doctrine of sovereign *419immunity, this suit could not be maintained. Thus, I discuss this pivotal issue first, not last.

Sovereign Immunity

¶85 The Court concludes at ¶ 80 the doctrine of sovereign immunity does…