Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 3. PUBLIC PARTICIPATION IN GOVERNMENTAL OPERATIONS · Part 2. Open Meetings
Montana Code Annotated

Mont. Code Ann. § 2-3-213 (2026)

Voidability

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 3
  4. Part 2
  5. 2-3-213 Voidability

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 3. PUBLIC PARTICIPATION IN GOVERNMENTAL OPERATIONS

Part 2. Open Meetings

Voidability

2-3-213. Voidability. Any decision made in violation of 2-3-203 may be declared void by a district court having jurisdiction. A suit to void a decision must be commenced within 30 days of the date on which the plaintiff or petitioner learns, or reasonably should have learned, of the agency's decision.

History: En. 82-3406 by Sec. 5, Ch. 567, L. 1977; R.C.M. 1947, 82-3406; amd. Sec. 2, Ch. 211, L. 2007.

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1980–2021 · leading case: Schoof v. Nesbit, 2014 MT 6 (Mont. 2014).
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Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). · cites it 51× “Did the District Court err in dismissing Schoof’s right to know and right of participation claims as time barred under § 2-3-213, MCA? ¶4 3. If the Commissioners’ “cash in lieu” policy is determined to be void, does mandamus lie to compel recovery of illegal payments under §…”
Common Cause v. Statutory Comm. to Nominate Candidates for Comm'r of Political Practices, 868 P.2d 604 (Mont. 1994). · cites it 26× “Following a February 9, 1993, hearing, the District Court granted summary judgment in favor of the Committee. The court determined that the governor's appointment was not subject to the open meeting laws and, therefore, could not be voided pursuant to § 2-3-213, MCA.”
Motta v. Philipsburg Sch. Bd. Trs., Dist. 1, 2004 MT 256 (Mont. 2004). · cites it 15× “¶8 Finally, the District Court considered the remedy of voiding the Agreement, pursuant to § 2-3-213, MCA. The court chose not to void the Agreement, but did order the School District “to comply with the spirit and the letter of the law in regards to providing adequate notice to…”
Flesh v. Bd. of Trs. of Jt. Sch. Dist. 2, Mineral & Missoula Counties, 786 P.2d 4 (Mont. 1990). · cites it 12× “The District Court, on December 22, 1988, granted summary judgment in favor of the School District finding the complaint untimely under § 2-3-213, MCA, for those meetings which occurred prior to August 15, 1987.”
Bd. of Trs. v. Bd. of Cnty. Commissioners, 606 P.2d 1069 (Mont. 1980). · cites it 10× “” Section 2-3-213, MCA. “Each agency shall develop procedures for permitting and encouraging the public to participate in agency decisions that are of significant interest to the public.”
Dorwart v. Caraway, 2002 MT 240 (Mont. 2002). · cites it 4× “There, we held as a matter of law that there was no damage from a school board's violation of Montana's open meeting law found at Article II, Section 9 of the Montana Constitution because the Legislature had provided a remedy pursuant to § 2-3-213, MCA, which would have voided…”
Irving v. Sch. Dist. No. 1-1A, 813 P.2d 417 (Mont. 1991). · cites it 6× “Section 2-3-213, MCA, provides that any decision made during an illegally closed meeting can be declared void by a District Court.”
Raap v. Wolf Point Sch. Dist., 2018 MT 58 (Mont. 2018). · cites it 5× “Section 2-3-213, MCA. The sole purpose of public bodies and agencies is "to aid in the conduct of the peoples' business.”
State v. Beaupre, 2004 MT 300 (Mont. 2004). · cites it 4× “]" Can this statute really mean, as it does pursuant to the Court's analysis, that a petition can be filed within 30 days before the decision at issue, but not later than 30 days after the decision? Similarly, § 2-3-213, MCA, provides that a suit to void a decision made in…”
Willems v. SEC. of State Lind, 2014 MT 82 (Mont. 2014). · cites it 4× “See § 2-3-213, MCA (“A suit to void a decision must be commenced within 30 days of the date on which the plaintiff or petitioner learns, or reasonably should have learned, of the agency’s decision.”
Jarussi v. Bd. of Trs. of Sch. Dist. No. 28, 664 P.2d 316 (Mont. 1983). · cites it 3× “Any decision made in violation of 2-3-203 [statutory implementation of Montana’s Open Meeting Law] may be declared void by a District Court having jurisdiction. A suit to void any such decision must be commenced within 30 days of the decision.”
Citizens to Recall Whitlock v. Whitlock, 844 P.2d 74 (Mont. 1992). · cites it 3× “Section 2-3-213, MCA. Because the Citizens Group failed to plead that it filed suit within 30 days, Whitlock claims the matter should be remanded to the lower court with an order directing dismissal of the suit, or in the alternative, ordering discovery to determine if the…”
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