close hearing in Montana

2024Bardos appealed the denial, and this Court affirmed, noting that “Bardos presented evidence showing only minor disturbances to the land surface.” Bardos v. Spoklie, 2023 MT 16N, ¶ 9 , 411 Mont. 389 , 523 P.3d 51 .

2023At the close of the hearing, the District Court denied Bardos’ motion for preliminary injunction. ¶5 We review a district court’s grant or denial of a preliminary injunction for manifest abuse of discretion, and “district courts are afforded a high degree of discretion to grant or deny preliminary injunctions.” BAM Ventures, LLC v. Schifferman, 2019 MT 67, ¶ 7 , 395 Mont. 160 , 437 P.3d 142 .

2023At the close of the hearing, the District Court denied Bardos’ motion for preliminary injunction. ¶5 We review a district court’s grant or denial of a preliminary injunction for manifest abuse of discretion, and “district courts are afforded a high degree of discretion to grant or deny preliminary injunctions.” BAM Ventures, LLC v. Schifferman, 2019 MT 67, ¶ 7 , 395 Mont. 160 , 437 P.3d 142 .

2016In re the Matter of the Termination of the Parental Rights and Adoption of: J.W.M. & A.K.M., 2015 MT 231 , ¶ 11, 380 Mont. 282 , 354 P.3d 626 .

2016In re the Matter of the Termination of the Parental Rights and Adoption of: J.W.M. & A.K.M., 2015 MT 231 , ¶ 11, 380 Mont. 282 , 354 P.3d 626 .

2016In re the Matter of the Termination of the Parental Rights and Adoption of: J.W.M. & A.K.M., 2015 MT 231 , ¶ 11, 380 Mont. 282 , 354 P.3d 626 .

2011State v. Charlie, 2010 MT 195, ¶ 21 , 357 Mont. 355 , 239 P.3d 934 (citing State v. Berosik, 2009 MT 260, ¶ 27 , 352 Mont. 16 , 214 P.3d 776 .). ¶8 Ineffective assistance of counsel claims raise mixed questions of fact and law which we review de novo.

2011State v. Charlie, 2010 MT 195, ¶ 21 , 357 Mont. 355 , 239 P.3d 934 (citing State v. Berosik, 2009 MT 260, ¶ 27 , 352 Mont. 16 , 214 P.3d 776 .). ¶8 Ineffective assistance of counsel claims raise mixed questions of fact and law which we review de novo.

2011State v. Charlie, 2010 MT 195, ¶ 21 , 357 Mont. 355 , 239 P.3d 934 (citing State v. Berosik, 2009 MT 260, ¶ 27 , 352 Mont. 16 , 214 P.3d 776 .). ¶8 Ineffective assistance of counsel claims raise mixed questions of fact and law which we review de novo.

2011State v. Charlie, 2010 MT 195, ¶ 21 , 357 Mont. 355 , 239 P.3d 934 (citing State v. Berosik, 2009 MT 260, ¶ 27 , 352 Mont. 16 , 214 P.3d 776 .). ¶8 Ineffective assistance of counsel claims raise mixed questions of fact and law which we review de novo.

2009State v. McFarlane, 2008 MT 18, ¶ 8 , 341 Mont. 166 , 176 P.3d 1057 (internal citations omitted).

2009State v. McFarlane, 2008 MT 18, ¶ 8 , 341 Mont. 166 , 176 P.3d 1057 (internal citations omitted).

2002Loh, 275 Mont, at 473 , 914 P.2d at 600 . ¶11 At the close of the hearing on the motion to suppress, the District Court made the oral finding of fact that Skillen “could see from where he was standing in the kitchen doorway ... enough of the living room to see the bong on the coffee table.” The court concluded, based on that finding, that the marijuana bong was within Skillen’s plain view and could be seized as evidence without the necessity of a warrant.

2002Loh, 275 Mont, at 473 , 914 P.2d at 600 . ¶11 At the close of the hearing on the motion to suppress, the District Court made the oral finding of fact that Skillen “could see from where he was standing in the kitchen doorway ... enough of the living room to see the bong on the coffee table.” The court concluded, based on that finding, that the marijuana bong was within Skillen’s plain view and could be seized as evidence without the necessity of a warrant.

1998Close, 881 P.2d at 1316 .

1993This award is based on an allegation in the complaint that stated, “Plaintiff is uncertain as to whether defendant was operating his vehicle while under the influence of alcohol but, upon information and belief, alleges that said defendant had been drinking prior to driving his vehicle.” “[N]o plaintiff is ever entitled to exemplary damages as a matter of right, regardless of the situation or the sufficiency of the facts.” Davis v. Sheriff (1988), 234 Mont. 126,133 , 762 P.2d 221, 226 .

1993This award is based on an allegation in the complaint that stated, “Plaintiff is uncertain as to whether defendant was operating his vehicle while under the influence of alcohol but, upon information and belief, alleges that said defendant had been drinking prior to driving his vehicle.” “[N]o plaintiff is ever entitled to exemplary damages as a matter of right, regardless of the situation or the sufficiency of the facts.” Davis v. Sheriff (1988), 234 Mont. 126,133 , 762 P.2d 221, 226 .

1993At the close of the hearing, the District Court ruled from the bench that the name of the police officer should be released, citing this Court’s decision in Great Falls Tribune v. Cascade County (1989), 238 Mont. 103 , 775 P.2d 1267 .

1993At the close of the hearing, the District Court ruled from the bench that the name of the police officer should be released, citing this Court’s decision in Great Falls Tribune v. Cascade County (1989), 238 Mont. 103 , 775 P.2d 1267 .

1975The United States Supreme Court in Burton v. Wilmington Parking Authority, 365 U.S. 715 , 81 S.Ct. 856 , 6 L.Ed.2d 45 , noted that whether a state is sufficiently involved in private activities to make those activities governmental in nature will depend upon a close analysis of the facts of each case.

1975The United States Supreme Court in Burton v. Wilmington Parking Authority, 365 U.S. 715 , 81 S.Ct. 856 , 6 L.Ed.2d 45 , noted that whether a state is sufficiently involved in private activities to make those activities governmental in nature will depend upon a close analysis of the facts of each case.

1975Plaintiff relies heavily upon the First Circuit Court of Appeals case of McQueen v. Druker, 317 F.Supp. 1122 , aff’d, 438 F.2d 781 , which held the landlord to be within the scope of the First, Fifth and Fourteenth Amendments.

1975Plaintiff relies heavily upon the First Circuit Court of Appeals case of McQueen v. Druker, 317 F.Supp. 1122 , aff’d, 438 F.2d 781 , which held the landlord to be within the scope of the First, Fifth and Fourteenth Amendments.

1934(Johnson v. Lundeen, 61 Mont. 145 , 200 Pac. 451 ; Wilson v. Harris, supra.) The court at the close of the hearing had before it all the facts necessary for the exercise of its jurisdiction under section 9457, Revised Codes 1921, and should have ordered Church to appear before it, or before a referee appointed by the court to conduct such examination, and be examined concerning this money, and, if it developed on such hearing that Church made no elaim to it, then the court should direct the application of the $300 on the execution.

1934(Johnson v. Lundeen, 61 Mont. 145 , 200 Pac. 451 ; Wilson v. Harris, supra.) The court at the close of the hearing had before it all the facts necessary for the exercise of its jurisdiction under section 9457, Revised Codes 1921, and should have ordered Church to appear before it, or before a referee appointed by the court to conduct such examination, and be examined concerning this money, and, if it developed on such hearing that Church made no elaim to it, then the court should direct the application of the $300 on the execution.