Montana Injunction Law

<H2> United States of America v. Rex Wu, Jr.

Butte, Montana, criminal defense lawyer represented the Defendant charged with cyber stalling. 18 U.S. Code § 2261 - Interstate domestic violence (a) Offenses.— (1) Travel or conduct of offender.— A person who travels in interstate or foreign commerce or enters or leaves Indian country or is present within the special maritime and territorial jurisdiction of the United States with th... More...

$ (12-17-2025 - MT)

Virgal DRM, LLC v. Ressler Motor Company

Butte, Montana, intellectual property lawyers represented the parties in a trademark infringement dispute. Trademark infringement is the unauthorized use of a registered or unregistered trademark on goods or services that is likely to cause consumer confusion, deception, or mistake about the source of the goods. To prove infringement, a plaintiff must show they own a valid trademark, tha... More...

$0 (10-08-2025 - MT)

United States of America v. Connan J. Kittson

Great Falls, Montana criminal defense lawyer represented the defendant charged with possession with intent to distribute meth. 21 U.S.C. 841 provides: (a) Unlawful actsExcept as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionallyâ€” (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or... More...

$0 (07-10-2025 - MT)

United States of America v. Rex Wu

Missoula, Montana criminal defense lawyer represented the Defendant charged with cyber stalking. 18 U.S. Code Â§ 2261 - Interstate domestic violence provides: (a) Offenses.â€” (1) Travel or conduct of offender.â€” A person who travels in interstate or foreign commerce or enters or leaves Indian country or is present within the special maritime and te... More...

$0 (07-11-2025 - MT)

Paul Phillips Bardos and Mary L. Bardos v. Robert L. Spoklie

Kalispell, Montana real property lawyers represented the parties in a dispute over the use of an easement. Bardos sued for injunctive relief, asserting trespass, nuisance, and quiet title actions against Spoklie regarding the two easements, and requested a temporary restraining order. The District Court denied the request and set a show cause hearing for issuance of a preliminary inj... More...

$0 (11-19-2024 - MT)

Michael A. Santacroce v. Kenneth G. Ferron

Kalispell, Montana divorce lawyers represented the parties seeking to dissolve their marriage. ¶2 Kennith G. Ferron (Ferron) appeals from the Findings of Fact, Conclusions of Law and Order, and Judgment With Permanent Injunction entered by the Eleventh Judicial District Court, Flathead County, granting Michael A. Santacroce (Santacroce) injunctive relief and awarding Santacroce atto... More...

$0 (10-11-2022 - MT)

YANKTON COUNTY v. MCALLISTER

<center><h3><h3> Pierre, South Dakota - Civil Litigation lawyer represented defendant with alleging the complaint against them was frivolous. </h3></center></center>> Luke McAllister owned and operated MTD d/b/a Fire & Ice.1 Luke's brother, Cam McAllister, is a co-owner of MTD. In October 2017, Cam emailed Garrity regard... More...

$0 (07-04-2022 - MT)

The Depot, Inc. v. Caring for Montanians, Inc. d/k/a Blue Cross Blue Shield of Monatna

<center> <img width="300" src="http://www.mtd.uscourts.gov/sites/mtd/files/slides/Missouri.jpg"> </center> Plaintiffs are three small employers in Montana who are members of the Montana Chamber of Commerce. Defendants are health insurance companies that marketed fully insured health insurance plans to the Chamber’s members branded “Chamber Choices.” From 2006... More...

$0 (02-07-2019 - MT)

BERRY AND BERRY ACQUISITIONS v. BFN PROPERTIES <table> <td>

Bob Berry, who resides in Tahlequah, Oklahoma, has been a nurseryman and businessman for more than fifty years. In the 1960s, Bob began working in the nursery business in Tahlequah, and in the early 1970s, he founded Midwestern Nursery. Bob grew and developed Midwestern Nursery, which later became American Nursery Products, and eventually took the company public. Upon his departure from American ... More...

$0 (04-04-2018 - MT)

Kelli Tyrrell v. BNSF Railway Company

The plaintiffs in these consolidated appeals, Robert Nelson and Kelli Tyrrell (Tyrrell), as Special Administrator of the Estate of Brent Tyrrell (Brent), pled violations of the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51 through 60, for injuries allegedly sustained while Nelson and Brent were employed by BNSF Railway Company in states other than Montana. Both... More...

$0 (06-07-2016 - MT)

Montana Cannabis et al. v. State Of Montana

This is the State’s second appeal from the First Judicial District Court’s injunctions preventing implementation of certain provisions of the Act. Montana Cannabis Industry Association v. State, 2012 MT 201, 366 Mont. 224, 286 P.3d 1161 (hereafter MCIA I). The Act repealed the 2004 Medical Marijuana Act (2004 Act)— which was established by voter initiative (I-148)—and ... More...

$0 (03-21-2016 - MT)

MONTANA CANNABIS INDUSTRY ASSOCIATION v. STATE OF MONTANA

$0 (02-28-2016 - MT)

Letica Land Co. and Don McGee v. Anaconda - Deer Lodge County

The disputed portions of Modesty Creek Road1 pass through properties owned by Letica and McGee. The road includes an upper and lower branch and is located near the boundary between Anaconda-Deer Lodge County (County) and Powell County in the Flint Creek Rangefoothills approximately ten miles north of Anaconda, Montana. ¶4 Modesty Creek Road’s lower branch begins at an inter... More...

$0 (12-15-2015 - MT)

Public Land/Water Access Association, Inc. v. Roger Jones

1 In 2000, Roger Jones purchased approximately 4,900 acres of property in Teton County, Montana, known as Boadle Ranch. Since acquiring the property, Jones has prohibited public use of the two main roads transecting Boadle Ranch. Public Lands/Water Access Association (PLWA), a Montana non-profit membership organization dedicated to promoting access to public-owned lands, has consistently sought to... More...

$410000 (10-19-2015 - MT)

Public Land Assn. v. Jones

Boadle Ranch is an approximately 4,900 acre parcel in Teton County, Montana. Two roads transect Boadle Ranch—Boadle Road and Canal Road. Boadle Road enters Boadle Ranch at the east boundary of the property and travels west where historically it crossed the Sun River Slope Canal (Slope Canal) via Boadle Bridge and intersected with Canal Road. Canal Road runs northwest to Pi... More...

$405000 (10-15-2015 - MT)

Cody Meine, et al. v. Hren Ranches, Inc., et al.

¶1 Plaintiffs/Appellees (collectively, the Meines) commenced this action in the Fifth Judicial District Court, Beaverhead County, against Defendants/Appellants (collectively, the Hrens) seeking a determination that they hold a prescriptive easement over the Hrens' land and a permanent injunction prohibiting the Hrens from blocking or impeding the use of this easement. Following a ... More...

$0 (01-27-2015 - MT)

Friends of the Wild Swan v. Chip Weber

These environmental appeals for injunctive relief bring virtually identical challenges to two logging projects in Montana's Flathead National Forest: the Weber case challenges the United States Forest Service's ("Forest Serviceâ€ or "Serviceâ€) decision to authorize the Spotted Bear River Project, and the Christiansen case challenges the Soldier Addition II Projec... More...

$0 (09-24-2014 - MT)

Lazy JC Ranch, LLC v. Charlie Donnes

¶1 Pursuant to Section I, Paragraph 3(d), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports. ¶2 Charlie Donnes (Donnes) appea... More...

$0 (01-28-2014 - MT)

Harry BLAZER, Plaintiff and Appellee, v. Lyle WALL, Trustee of the Sugar Land Trust Dated 04/09/01; Elaine Comfort-Waldher; and Kevin Waldher, Defendants and Appellants.

¶ 1 Lyle Wall, as trustee of the Sugar Shack Land Trust, Elaine Comfort-Waldher, and Kevin Waldher (collectively, "the Waldhers") appeal from the final judgment entered by the District Court for the Eleventh Judicial District, Flathead County, in favor of Harry Blazer. We reverse. BACKGROUND I. The Properties ¶ 2 The properties at issue in this case are locat... More...

$0 (04-29-2008 - MT)

Eugene Thayer v. Mark A. Hollinger

¶1 Plaintiffs (collectively referred to as the Homeowners) appeal from the District Court's Opinion and Order, filed October 4, 2011. We affirm. ¶2 The Homeowners contend that the District Court erred by not recognizing that they have unrestricted easements across four roads located on the Hollingers' property. PROCEDURAL AND FACTUAL BACKGROUND ¶3 This action arises from ea... More...

$0 (03-05-2013 - MT)

Doug Lair v. Steve Bullock

Since 1994, Montana has regulated the amount that individuals, political committees, and political parties can contribute to candidates for state office. Mont. Code Ann. Â§ 13-37-216, as adjusted by Admin. R. Mont. Â§ 44.10.338.1 In 2003, we upheld this provision against a constitutional challenge based on Buckley v. Valeo, 424 U.S. 1 (1976), and Nixon v. Shrink Missouri Government PAC, 528 U.... More...

$0 (10-15-2012 - MT)

Gary Olsen v. Neil Milner

¶1 Appellants Neil and Seth Milner appeal from the District Court for the Nineteenth Judicial District's grant of a mandatory injunction, abatement, and $10,000 damages to Appellee Gary Olsen (Olsen) for his claims of private nuisance and trespass. ¶2 We restate the issues as follows: ¶3 Issue one: Did the District Court err in determining that Olsen's claims were not barred by re... More...

$0 (04-23-2012 - MT)

Bud-Kal v. City of Kalispell

¶ 1 This is an appeal from the District Court's June 12, 2008, Order and Rationale on Cross-Motions for Summary Judgment, granting summary judgment in favor of the City of Kalispell and the other defendants and denying the motion for summary judgment by Bud-Kal and the other plaintiffs. We affirm. [204 P.3d 741] PROCEDURAL AND FACTUAL BACKGROUND ¶ 2 This actio... More...

$0 (03-26-2009 - MT)

Russell Levens v. Al Ballard

¶1 Russell and Melissa Levens appeal from the District Court's Memorandum and Order on Motion for Contempt, filed July 31, 2009, and the Order Granting Attorney Fees filed September 1, 2010. We reverse. PROCEDURAL AND FACTUAL BACKGROUND ¶2 Levens and Ballard own adjoining properties in Grizzly Gulch, a mountainous area south of Helena, Montana. Levens live on their property which l... More...

$0 (06-28-2011 - MT)

Craig McKey v. Wilderness Development, L.L.C.

¶1 Craig and Lisa McKay brought suit against Wilderness Development, LLC (Wilderness), in the District Court of the Nineteenth Judicial District Court, Lincoln County, alleging it had violated restrictive covenants attached to the Koocanusa Estates Subdivision near Eureka, Montana (Subdivision). The McKays also alleged that Wilderness had trespassed on their property and converted some of their t... More...

$0 (11-27-2009 - MT)

Loril Bryden v. Lackside Ventures, LLC

¶1 Lori Bryden (Bryden) filed suit in the Eleventh Judicial District, Flathead County, after her termination from the Homestead CafÃ© Bar and Casino (Homestead CafÃ©). The Homestead CafÃ© serves as the principal business of Lakeside Ventures, L.L.C., (Lakeside). The Clerk of Court entered a default judgment against Lakeside. Lakeside filed a motion to quash service, or, in the altern... More...

$0 (11-30--0001 - MT)

Revelation Industries, Inc. v. St. Paul Fire & Marine Insurance Company

¶1 Revelation Industries (Revelation) sued its insurer, St. Paul Fire & Marine Insurance Company (St. Paul), for refusing to defend and indemnify Revelation in a lawsuit with Phillips Environmental Products, Inc. (Phillips). The Eighteenth Judicial District Court ruled that St. Paul had no duty to defend Revelation. Revelation appeals. We reverse and remand. ISSUES ¶2 A restate... More...

$0 (04-10-2009 - MT)

Virginia City v. The States of Greg Olsen and Philip Mason, Jr.

¶1 The City of Virginia City, Montana, brought this action against Greg Olsen and Phillip Mason Jr. (collectively, Defendants), seeking to enjoin their construction of a house due to permit violations. Defendants answered the City's complaint and raised several counterclaims. Ultimately, the Fifth Judicial District Court, Madison County, entered an order granting summary judgment to the City on b... More...

$0 (01-06-2009 - MT)

Wildwest Institute; Friends of the Bitterroot, Inc. v. Dave Bull; Abigail Kimbell; United States Forest Service, Bitter Root Resource Conservation and Development Area, Inc.; Ravlli County; Sula Volunteer Fire Department; Robert Wetziseon; Becki Linderman; Rocky Mountain Log Homes

We must decide whether the United States Forest Service complied with federal environmental law in its management of the Bitterroot National Forest. I In order to effectuate its management role over the national forests, the National Forest Management Act ("NFMAâ€), 16 U.S.C. Â§Â§ 1600 et seq., requires the United States Forest Service ("Forest Serviceâ€) to develop and to mai... More...

$0 (11-07-2008 - MT)

Williston Basin Interstate Pipeline Company v. An Exclusive Gas Storage Leasehold and Easement in the Cloverly Subterranean Geological Formation, etc.

Williston Basin Interstate Pipeline Company (Williston) claims that it has lost and is continuing to lose natural gas stored in its Elk Basin Storage Reservoir due to the operation of gas production wells owned by Howell Petroleum Corporation and Anadarko Petroleum Corporation (Howell/ Anadarko). Two of those wells are located within the lateral boundaries of Williston's storage reservoir, b... More...

$0 (05-10-2008 - MT)

The Rattlesnake Coalition v. U.S. Environmental Protection Agency, et al.

The Rattlesnake Coalition ("The Coalition") appeals the district court's dismissal for lack of subject matter jurisdiction and lack of standing of its action against the United States Environmental Protection Agency ("the EPA"), the Administrator of the EPA, and the City of Missoula ("Missoula"). The Coalition brought suit under the National Environmental Policy Act ("NEPA"), 42 U.S.C. ... More...

$0 (12-09-2007 - MT)

<a href="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3F2524EF5D60EA40882572ED0001E1CC/$file/0535441.pdf?openelement" target="_new">Aaron Flint v. George Dennison, in his official Capacity as President of the University of Montana-Missoula(UMT), etc., et al.</a>

We are called upon to decide whether the University of Montana may impose a dollar limit on what a student may spend on his campaign for student office. The University's limit did not affect how the money could be spent; rather, it directly told a student how much he could spend to get elected. The Federal Election Campaign Act of 1971 could not tell James Buckley how much of his money ... More...

$0 (06-06-2007 - MT)

<a href="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/189C67912C778CAF882570F1007ABDB0/$file/0335306.pdf?openelement" target="_new">James R. Smith v. Salish Kootenai College, et al.</a>

The question presented in this case is whether a non-Indian plaintiff consents to the civil jurisdiction of a tribal court by filing claims against an Indian defendant arising out of activities within the reservation where the defendant is located. Appellant James Smith, who is not a member of the Confederated Salish and Kootenai Tribes ("the Tribes") of the Flathead Reservation, filed a... More...

$0 (01-11-2006 - MT)

<a href="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C19C8CB791B28B3288256EEB00575C54/$file/0335474.pdf?openelement" target="_new">Cold Mountain, et al. v. David P. Garber, et al.</a>

We must decide whether the United States Forest Service's issuance of a permit to operate a bison capture facility in Montana violated the Endangered Species Act or the National Environmental Policy Act. I On the precipice of extinction in the early twentieth century, the Yellowstone bison herd has been pulled back from the brink by careful management.1 Yet the annual migration of ... More...

$0 (08-10-2004 - MT)

<a href="http://www.lawlibrary.state.mt.us/dscgi/ds.py/Get/File-19674/01-694.doc" target="_new">Montana Media, Inc. v. Flathead County, City of Whitefish</a>

Montana Media, Inc., filed a complaint for declaratory judgement in the District Court for the Eleventh Judicial District in Flathead County, and requested that the District Court declare that the City of Whitefish and Flathead County zoning regulations, which regulate off-premise signs and billboards, violated Montana's Outdoor Advertising Act and the Montana and United States Constitutions. The... More...

$0 (02-24-2003 - MT)

<a href="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/54B260BE7DC56D6188256CA90060F69A/$file/0135273.pdf?openelement"target="_new">Elaine R. Mangini v. United States of America, Department of Interior, National Park Service and Dick Gottsegen d/b/

Dick Gottsegen, doing business as Timberline Adventures, also known as Timberline Bicycle Tours (collectively “Timberline”), appeals the district court’s judgment, following a bench trial, finding the United States and Timberline liable for negligently failing to warn Elaine Mangini (“Mangini”) of the gravel patch on which her bicycle accident occurred.1 We h... More...

$0 (01-09-2003 - MT)

<a href="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/AF08DF9D1F26DD5D88256CA3007F75A1/$file/0135690.pdf?openelement" target="_new">Montana Wilderness Association, Inc., et al. v. United States Forest Service, et al.</a>

The United States Forest Service ("Forest Service") and Intervenors, Blue Ribbon Coalition, Inc., et al., appeal the district court's order (1) determining that it had subject matter jurisdiction over this action under the Administrative Procedures Act ("APA"), and (2) granting the Montana Wilderness Association ("Wilderness Association") summary judgment. We have jurisdiction under 28 U.S.C... More...

$0 (01-07-2003 - MT)

<a href="http://www.lawlibrary.state.mt.us/dscgi/ds.py/Get/File-17642/01-305.wp91.doc" target="_new">Joanne R. Hanley Morton v. Keith A. Lanier, et ux.</a>

1 This action was initiated in the Twentieth Judicial District Court, Lake County, by Robert Hanley (Robert) against his next-door neighbors, Keith and Sue Lanier (Laniers). Robert sought to recover damages related to alleged breach of building restrictions and interference with enjoyment of property. Laniers filed a counterclaim alleging, among other claims, that Robert interfered with Laniers'... More...

$0 (09-20-2002 - MT)

<a href="http://www.lawlibrary.state.mt.us/dscgi/ds.py/Get/File-17019/01-048.doc" target="_new">Virginia City v. Greg Olsen and Phillip Mason</a>

1 The town of Virginia City, Montana, brought this action in the Montana Fifth Judicial District Court, Madison County, to enjoin construction of a structure therein on Lots 11 and 12, Block 201, based upon alleged permit violations. The District Court awarded summary judgment to Virginia City, permanently enjoined further construction on the lots, and ordered that the existing structure thereon ... More...

$0 (08-09-2002 - MT)

<a href="http://www.lawlibrary.state.mt.us/dscgi/ds.py/Get/File-14267/01-474_Opinion.html" target="_new">Robert J. Blackwell v. Ronald U. Lurie</a>

Blackwell's efforts to collect on a $1.1 million Missouri bankruptcy court judgment against Ronald U. Lurie have brought the parties before this Court on several occasions. See State ex rel. Blackwell v. District Court (1997), 282 Mont. 530, 934 P.2d 1041; Lurie v. Sheriff of Gallatin County (1997), 284 Mont. 207, 949 P.2d 1163 (Lurie I); Blackwell v. Lurie (1997), 284 Mont. 351, 943 P.2d 1318; ... More...

$0 (03-27-2002 - MT)