Kadillak v. Montana Department of State Lands

In a prior decision this Court remanded this case to the Silver Bow District Court for an evidentiary hearing on attorney fees. The District Court awarded the fees based on Montana’s writ of mandate statute. The plaintiffs appeal the award of attorney fees and costs.

The original case, Kadillak v. Anaconda Co. (1979), Mont. 602 P.2d 147, 36 St.Rep. 1820, involved an appeal from a District Court order denying plaintiffs relief on their complaint against the Anaconda Company and various state agencies relating to the establishment and operation of a waste dump near the plaintiffs’ residences in…