M.A.I.D. v. State

DA 25-0200 ·Direct Appeal ·Civil ·Closed
Docket DA 25-0200
Type Direct Appeal — Declaratory Judgment
Classification Civil
Outcome Reversed
Lower court case DV-16-2023-0001248DK
Lower court judge Hon. Mike Salvagni

Key dates

Closed Apr 2, 2026
Classified Nov 5, 2025
Appeal filed Mar 14, 2025
Record filed Mar 17, 2025
Briefing ended Sep 17, 2025
Opinion issued Mar 17, 2026
Briefing started Mar 17, 2025
Sent to the court Sep 22, 2025
Submitted for decision Sep 22, 2025
Cross Reply Brief Filed Sep 17, 2025
Appellant Reply Brief Filed Aug 6, 2025
Appellant Opening Brief Filed May 16, 2025
Appellee Response Brief Filed Aug 6, 2025

Calculated

from the docket dates
Appeal filed to briefing start 3
Briefing days 183
Briefing start to opening brief filed 59
Classified to Opinion 132
Close of briefing to sent to court 4
Filing date to Opinion 368
Filing date to closed 384
Opening to response 81
Opinion to closed 15
Reply to cross reply 42
Response to reply 0
Sent to court to classified 43
Submitted for decision to Opinion 176

Tags

Amicus granted Amicus requested Closed Cross Appeal Filed En Banc Published opinion Reversed

Parties

Other
State of Montana
Represented by Thane P. Johnson
Appellant
Montana League of Cities and Towns
Represented by Scott Michael Svee
Other
Clarence Kenck
Represented by Mark Miller
Other
David Kuhnle
Represented by Mark Miller
Cross Appellant
Montanans Against Irresponsible Densification, LLC
Represented by James H. Goetz
Appellant
Shelter WF, Inc.
Represented by Jesse C. Kodadek

Opinion

M.A.I.D. v. State, 2026 MT 53

Reversed on March 17, 2026, in a 7 to 0 published opinion.

Events

most recent first
Event - Case Closed - Electronic Record Apr 2, 2026 8:37 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Apr 2, 2026 8:34 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Apr 2, 2026 8:34 AM Closing Notice
Opinion - Published - Justice Baker - Vacated District Court's declaratory Judgment on Count I, Reversed its summary judgment ruling on Count II, and Affirmed its summary judgment ruling on Count III Mar 17, 2026 3:05 PM Opinion
Order - Classified - En Banc Nov 5, 2025 11:36 AM Classifying Notice
Event - Case Sent to Court Sep 22, 2025 12:29 PM Classifying Notice
Notice - Outgoing - Cross Appellant Reply Brief Filed Sep 17, 2025 4:57 PM Notice - Outgoing
Brief - Cross Appellant Reply - M.A.I.D Sep 17, 2025 2:56 PM Cross Reply Brief
Order - MAID has up to and including Friday, September 19, 2025, in which to file their reply brief on cross-appeal Aug 12, 2025 11:04 AM Order - Other
Motion - Unopposed - Appellee/Cross- Appellant's Extension of Time - Brief (First Request 30 Days) Aug 11, 2025 1:47 PM Motion
Notice - Outgoing - Brief Filed Aug 7, 2025 10:37 AM Notice - Outgoing
Brief - Cross-Appellee's Response - State of Montana Aug 6, 2025 6:44 PM Cross Reply Brief
Brief - Appellant Reply and Answer to Cross Appeal (Montana League of Cities and Towns) Aug 6, 2025 4:22 PM Cross Reply Brief
Notice - Outgoing - Brief Filed - Cross-Appellees David Kuhnle and Clarence Kenck Aug 6, 2025 3:04 PM Notice - Outgoing
Notice - Outgoing - Brief Filed -Appellant/Cross-Appellee Shelter WF's Reply and Answer to Cross Appeal Aug 6, 2025 3:00 PM Notice - Outgoing
Brief - Appellant/Cross-Appellee Shelter WF's Reply and Answer to Cross Appeal Aug 6, 2025 11:23 AM Appellant Reply Brief
Brief - Cross-Appellees David Kuhnle and Clarence Kenck Aug 6, 2025 9:52 AM Appellee Response Brief
Notice - Outgoing - Amicus - Institute for Justice Brief Filed Aug 5, 2025 11:27 AM Notice - Outgoing
Brief - Amicus - Institute for Justice Aug 5, 2025 10:16 AM Amicus Brief
Notice - Outgoing - Brief Filed - American Planning Association Jul 8, 2025 4:08 PM Notice - Outgoing
Brief - Amicus - American Planning Association Jul 8, 2025 3:30 PM Amicus Brief
Order - American Planning Association - IT IS ORDERED that the referenced brief is rejected. IT IS FURTHER ORDERED that within ten (10) days of the date of this Order the American Planning Association shall electronically file with the Clerk of this Court a revised brief containing the revisions necessary Jul 8, 2025 11:03 AM Order - Other
Order - IT IS HEREBY ORDERED that the application of Joseph R. Gay to appear pro hac vice in the above-entitled cause is GRANTED Jul 7, 2025 8:00 AM Order - Other
Order - IT IS HEREBY ORDERED that the application of Ari S. Bargil to appear pro hac vice in the above-entitled cause is GRANTED Jul 7, 2025 8:00 AM Order - Other
Order - Amicus (Institute for Justice) is granted leave to file its amicus brief on or before August 6, 2025 Jul 2, 2025 6:59 PM Order - Other
Motion - Unopposed - Pro Hac Vice - State Bar Certification and Application - Ari S. Bargil Jul 2, 2025 3:39 PM Motion
Motion - Unopposed - Pro Hac Vice - State Bar Certification and Application - Joseph P. Gay Jul 2, 2025 1:34 PM Motion
Motion - Unopposed - Amicus - Leave to Participate - Institute for Justice Jul 2, 2025 1:25 PM Motion
Notice - Outgoing - Pro Hac Vice - State Bar Certification and Application - Ari S. Bargil Jul 1, 2025 10:16 AM Notice - Outgoing
Motion - Opposed - Pro Hac Vice - State Bar Certification and Application - Ari S. Bargil - motion filed Jul 1, 2025 10:13 AM Motion
Notice - Outgoing - Pro Hac Vice - State Bar Certification and Application - Joseph R. Gay Jul 1, 2025 10:10 AM Notice - Outgoing
Motion - Opposed - Pro Hac Vice - State Bar Certification and Application - Joseph R. Gay - motion filed Jul 1, 2025 10:08 AM Motion
Order - IT IS HEREBY ORDERED that the application of Andrew L.W. Peters to appear pro hac vice in the above-titled cause is GRANTED Jun 26, 2025 4:29 PM Order - Other
Order - IT IS HEREBY ORDERED that the application of Brian James Connolly to appear pro hac vice in the above-titled cause is GRANTED Jun 26, 2025 4:18 PM Order - Other
Grant - Joint Cross-Appellees are granted an extension of time to and including August 6, 2025, to prepare, serve and file their opening brief Jun 24, 2025 3:54 PM Other
Motion - Unopposed - Joint Request for Extension of Time - All Cross-Appellees (State of Montana; Shelter WF, Inc.; Montana League of Cities and Towns, David Kuhnle and Clarence Kenck (First Request 30 Days) Jun 24, 2025 2:04 PM Motion
Event - Sent to Court-Pleading Jun 20, 2025 9:16 AM Event
Notice - Outgoing - Flathead Families for Responsible Growth Brief Filed Jun 17, 2025 9:18 AM Notice - Outgoing
Brief - Amicus - Flathead Families for Responsible Growth Jun 16, 2025 7:07 PM Amicus Brief
Order - Amicus-Grant Participation - IT IS HEREBY ORDERED that APA's motion is GRANTED. APA shall file its amicus brief on or before July 7, 2025 Jun 16, 2025 4:02 PM Order - Other
Motion - Unopposed - Amicus - Leave to Participate - American Planning Association - (APA) Jun 16, 2025 2:06 PM Motion
Notice - Outgoing - Brief Filed Jun 10, 2025 12:34 PM Notice - Outgoing
Brief - Amicus - Better Bozeman Coalition Jun 10, 2025 10:42 AM Amicus Brief
Order - Amicus-Grant Participation - IT IS HEREBY ORDERED that the motion is Granted, and Amicus Flathead Families for Responsible Growth are granted leave to file their amicus brief on Monday, June 16, 2025 Jun 9, 2025 2:39 PM Order - Other
Order - Amicus-Grant Participation - IT IS ORDERED Better Bozeman Coalition may file an amicus curiae brief, to be due on June 16, 2015 Jun 9, 2025 2:38 PM Order - Other
Notice - Outgoing - Brief Filed Jun 9, 2025 12:58 PM Notice - Outgoing
Motion - Unopposed - Amicus - Leave to Participate - Flathead Families for Responsible Growth - (FFRG) Jun 9, 2025 9:50 AM Motion
Brief - Appellee and Cross-Appellant ( Montanans Against Irresponsible Densification) Jun 6, 2025 4:47 PM Appellee Response Brief
Motion - Amicus - Leave to Participate - Better Bozeman Coalition Jun 6, 2025 2:18 PM Motion
Notice - Outgoing - Pro Hac Vice - State Bar Certification and Application - Andrew L.W. Peters Jun 4, 2025 10:42 AM Notice - Outgoing
Motion - Opposed - Pro Hac Vice - State Bar Certification and Application - Andrew L.W. Peters Jun 4, 2025 10:40 AM Motion
Notice - Outgoing - Pro Hac Vice - State Bar Certification and Application - Brian James Connolly Jun 3, 2025 4:53 PM Notice - Outgoing
Motion - Opposed - Pro Hac Vice - State Bar Certification and Application - Brian James Connolly Jun 3, 2025 4:52 PM Motion
Order - This Court grants MAID's request to file an overlength response/cross-opening brief, with a word limit of 15,000 words Jun 3, 2025 10:52 AM Order - Other
Motion - Unopposed - Brief - Enlarged - Appellee/Cross-Appellant MAID's Opening/Response Brief Jun 2, 2025 11:08 AM Motion
Notice - Outgoing - Brief Filed - Montana League of Cities and Towns May 19, 2025 2:33 PM Notice - Outgoing
AMENDED Notice - Outgoing - Brief Filed - Shelter WF May 19, 2025 12:52 PM Other
Brief - Appellant's Opening - Montana League of Cities and Towns May 16, 2025 3:04 PM Appellant Opening Brief
Notice - Outgoing - Brief Filed May 16, 2025 9:44 AM Notice - Outgoing
Brief - Appellant's Opening - Shelter WF May 15, 2025 3:20 PM Appellant Opening Brief
Extension - Shelter WF shall file its response brief on or before May 16, 2025 Apr 14, 2025 2:47 PM Extension
Extension - Montana League of Cities and Towns has until May 16, 2025 to file its Opening Brief Apr 14, 2025 2:43 PM Extension
Montana League of Cities and Towns' Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Apr 14, 2025 12:03 PM Other
Appellant's Shelter WF, Inc's Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Apr 14, 2025 11:50 AM Other
Notice of Joinder - MT League of Cities and Towns Joins Shelter WF, Inc. in Appeal Mar 18, 2025 8:50 AM Notice
Notice - Outgoing - Cross Appeal Notice Mar 17, 2025 4:38 PM Notice - Outgoing
Notice of Cross Appeal - Montanans Against Irresponsible Densification Mar 17, 2025 4:32 PM Notice
Fees - Filing Fee Paid (E-Filing) Mar 17, 2025 4:32 PM Fees
Notice - Outgoing - District Court Record Filed Mar 17, 2025 4:28 PM Record
Record - Electronic DC Record Filed for Cause DV 23-1248 consisting of 1-152, and Case Register Mar 17, 2025 4:17 PM Record
Notice - Outgoing - Appeal Notice Mar 14, 2025 12:40 PM Notice - Outgoing
Notice of Appeal Filed Mar 14, 2025 11:06 AM Notice
Fees - Filing Fee Paid (E-Filing) Mar 14, 2025 11:06 AM Fees