Legal Opinion

City of Great Falls v. Forbes

Montana Supreme Court

Decided February 1, 2011No. DA 10-0301PublishedCited by 8 opinions

1Opinion of the CourtJustice Morris

¶1 Stephen Forbes (Forbes) appeals from the order of the Eighth Judicial District Court, Cascade County, granting the City of Great Falls’s (City) application for an injunction. We affirm.

¶2 We consider the following issues on appeal:

¶3 Did the District Court abuse its discretion by enjoining Forbes from further construction on his property when the City initiated its injunction proceedings without filing a complaint and serving summons?

¶4 Was Forbes entitled to a jury trial on the City’s application for an injunction?

BACKGROUND

¶5 The City issued a Stop Work Order to Forbes in June 2009…

2Cases cited3 opinions

  1. Gray v. City of BillingsMontana Supreme Court · 1984
  2. Yockey v. Kearns Properties, LLCMontana Supreme Court · 2005
  3. Supola v. Montana Department of JusticeMontana Supreme Court · 1996

3Cited by8 opinions

  1. Montana Cannabis Industry Ass'n v. StateMontana Supreme Court · 2012
  2. State v. BNSF Railway Co.Montana Supreme Court · 2011
  3. Flying T v. Catlin RanchMontana Supreme Court · 2020
  4. Wyo-Ben, Inc. v. BixbyMontana Supreme Court · 2014
  5. PTC v. MT DEQMontana Supreme Court · 2024

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