Legal Opinion · Dissent

Jacky v. Avitus Group

Montana Supreme Court

Decided October 10, 2013No. DA 13-0114Published

1DissentJustice Rice

¶22 The Court reverses and remands to the District Court ‘for a full review of the administrative record.” Opinion, ¶ 21. This begs the question, “review for what?”-no cognizable legal issues have been identified, either in the petition for judicial review or in the Court’s analysis.

¶23 The Court concludes that the requirement of § 39-51-2410(2), MCA, for a petitioner to “state the grounds upon which review is sought” has been satisfied by the petition’s statement that “[t]he individuals representing the [listed Defendants] failed to document, process and facilitate the plaintiffs…

2Cases cited4 opinions

  1. Johansen v. State, Dept. of Natural ResourcesMontana Supreme Court · 1998
  2. State v. WhalenMontana Supreme Court · 2013
  3. Neil Consultants, Inc. v. LindemanMontana Supreme Court · 2006
  4. Arlington v. MILLER'S TRUCKING, INC.Montana Supreme Court · 2012

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