Legal Opinion · Dissent
Western Tradition Partnership, Inc. v. Attorney General
Montana Supreme Court
Decided November 27, 2012No. DA 11-0081PublishedCited by 1 opinion
1DissentJustice Nelson
¶23 I dissent from the Court’s denial of attorneys’ fees under the private attorney general doctrine. I believe the Court errs in three respects.
¶24 First, the District Court provided two distinct analyses of ATP’s two distinct theories for seeking attorneys’ fees: one under the private attorney general doctrine and the other under the Uniform Declaratory Judgments Act (§ 27-8-313, MCA). This Court provides zero analysis of the District Court’s actual decision under the private attorney general doctrine. Moreover, the Court fails to conduct its own distinct analysis under this doctrine…
2Cases cited12 opinions
- Buckley v. ValeoSupreme Court of the United States · 1976
- Citizens United v. Federal Election CommissionSupreme Court of the United States · 2010
- First Nat. Bank of Boston v. BellottiSupreme Court of the United States · 1978
- Serrano v. PriestCalifornia Supreme Court · 1977
- Montanans for the Responsible Use of the School Trust v. State Ex Rel. Board of Land CommissionersMontana Supreme Court · 1999
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3Cited by1 opinion
- Western Tradition Partnership, Inc. v. Attorney GeneralMontana Supreme Court · 2012