Kendall v. State

The District Court for the Thirteenth Judicial District, Carbon County, granted defendants’ motion for change of venue to Missoula County. We reverse and remand.

The issue is whether venue for this action against the State of Montana and the University of Montana is properly found in Carbon County, where the plaintiff resides.

Plaintiff Mr. Kendall attended the defendants’ law school in Missoula, Montana, from 1982 to 1985. He paid, under protest, certain required fees for attendance at the school. He believes these fees were collected in violation of Section 10-2-311, MCA. That statute grants…