Legal Opinion
BNSF Ry. Co. v. STATE, DEPT. OF ENV. QUAL.
Montana Supreme Court
Decided March 10, 2010No. DA 09-0028PublishedCited by 5 opinions
1Opinion of the CourtJustice Leaphart
¶1 Plaintiff BNSF Railway Company (BNSF) appeals the decision of the Eleventh Judicial District Court, Flathead County, granting the change of venue motion of Defendants State of Montana and Richard Opper (collectively, “State”) and transferring the case to the First Judicial District Court in Lewis and Clark County.
¶2 The sole issue on appeal is whether the District Court erred in granting the State’s motion to change venue.
FACTUAL AND PROCEDURAL BACKGROUND
¶3 DEQ has endeavored to remediate three adjacent properties, known collectively as the KRY site, which are located in Kalispell,…
2Cases cited6 opinions
- State Ex Rel. Department of Health & Environmental Sciences v. Pegasus Gold Corp.Montana Supreme Court · 1995
- Yellowstone County v. DrewMontana Supreme Court · 2007
- In Re the Marriage of LockmanMontana Supreme Court · 1994
- Tractor & Equipment Co. v. Zerbe Bros.Montana Supreme Court · 2001
- In Re Lake County's Obligation for Operating Costs of Fourth Judicial DistrictMontana Supreme Court · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ward v. JohnsonMontana Supreme Court · 2012
- State Ex Rel. Department of Environmental Quality v. BNSF Railway Co.Montana Supreme Court · 2010
- In Re the Guardianship of H.O.Montana Supreme Court · 2014
- Lucero v. Ford Motor Co.Montana Supreme Court · 2019
- BNSF Ry. Co. v. STATE, DEPT. OF ENV. QUAL.Montana Supreme Court · 2010