Citizens Awareness Network v. Montana Board of Environmental Review

¶34 I dissent from the Court’s decision to reverse the order denying the Conservation Groups’ motion for leave to amend their affidavit. In this connection, I dissent from the Court’s sua sponte decision to modify the standard of review applicable to orders entered pursuant to M. R. Civ. P. 15(c). I would continue to adhere to our precedent that orders granting or denying leave to amend pleadings should be reviewed for an abuse of discretion.

¶35 The Conservation Groups presented their appeal in these words: “The sole issue on this appeal is whether the BER abused its discretion by denying…