Legal Opinion · Dissent

Plains Grains Ltd. Partnership v. Board of County Commissioners

Montana Supreme Court

Decided July 16, 2010No. DA 09-0322Published

1DissentJustice Rice

¶70 I believe the Court’s analysis is deeply flawed and evades the clear principles of our jurisprudence. This appeal has been mooted — several times over. There is simply no defensible way to reconcile the Court’s decision in this case with our contrary precedent, and I dare say that no lawyer will now be able to explain this Court’s mootness jurisprudence, except by observing that this Court will arbitrarily moot those cases it doesn’t want to decide, while reaching the merits on identically situated cases if it so desires. Ultimately, the legal standards simply do not matter.

¶71 I begin by…

2Cases cited36 opinions

  1. Gates v. DeukmejianCourt of Appeals for the Ninth Circuit · 1993
  2. Jacobsen v. Allstate InsuranceMontana Supreme Court · 2009
  3. State v. MooreMontana Supreme Court · 1994
  4. Fiscus v. Beartooth Electric Cooperative, Inc.Montana Supreme Court · 1979
  5. Shamrock Motors, Inc. v. Ford Motor Co.Montana Supreme Court · 1999

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