Noland v. State

DA 24-0369 ·Direct Appeal ·Civil ·Closed
Docket DA 24-0369
Type Direct Appeal — Other
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case DV-15-2022-0001308
Lower court judge Hon. Amy Poehling Eddy

Key dates

Closed Jan 8, 2026
Classified Jul 30, 2025
Appeal filed Jun 12, 2024
Record filed Jun 13, 2024
Briefing ended Feb 3, 2025
Opinion issued Dec 23, 2025
Briefing started Jul 19, 2024
Transcript filed Jul 19, 2024
Sent to the court Feb 3, 2025
Submitted for decision Feb 3, 2025
Appellant Reply Brief Filed Feb 3, 2025
Appellant Opening Brief Filed Aug 19, 2024
Appellee Response Brief Filed Dec 18, 2024

Calculated

from the docket dates
Appeal filed to briefing start 37
Briefing days 199
Briefing start to opening brief filed 31
Classified to Opinion 146
Close of briefing to sent to court 0
Filing date to Opinion 559
Filing date to closed 575
Opening to response 121
Opinion to closed 15
Response to reply 46
Sent to court to classified 177
Submitted for decision to Opinion 323

Tags

Affirmed in part, reversed in part Amicus requested Closed En Banc Five Justice Panel Published opinion Reclassified En Banc

Parties

Appellee
State of Montana
Represented by Thane P. Johnson
Appellee
Montana Public Service Commission
Represented by Thane P. Johnson
Appellee
Jennifer Fielder
Represented by Thane P. Johnson
Appellee
Evergreen Disposal, Inc.
Represented by Jacqueline Racquel Papez
Appellee
Tony O'Donnell
Represented by Thane P. Johnson
Appellee
Randy Pinocci
Represented by Thane P. Johnson
Appellee
James Brown
Represented by Thane P. Johnson
Appellant
Parker Noland
Represented by Jack Emerson Brown

Opinion

Noland v. State, 2025 MT 294

Affirmed in part, reversed in part on December 23, 2025, in a 4 to 0 with 3 concurring published opinion.

Events

most recent first
Event - Case Closed - electronic records Jan 8, 2026 10:10 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jan 8, 2026 10:04 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jan 8, 2026 9:57 AM Closing Notice
Notice - Outgoing - Corrected Opinion Jan 6, 2026 12:39 PM Notice - Outgoing
Opinion - Published - Chief Justice Cory Swanson - Affirmed in part, Reversed in part and Remanded Dec 23, 2025 2:52 PM Opinion
Order - This cause, which was previously classified for submission on briefs to a five-justice panel, is hereby reclassified for submission to the Court sitting en banc Jul 30, 2025 1:30 PM Classifying Notice
Notice - Incoming - Attorney Withdrawal - Jack G. Connors withdraws as counsel for Appellee/Intervenor Evergreen Disposal, Inc. - Jacqueline R. Papez remains counsel of record for Evergreen Disposal, Inc Jul 3, 2025 2:23 PM Notice - Incoming
Order - Classified - Five Justice Panel Mar 12, 2025 10:50 AM Classifying Notice
Event - Case Sent to Court Feb 3, 2025 11:22 AM Classifying Notice
Notice - Outgoing - Brief Filed Feb 3, 2025 11:20 AM Notice - Outgoing
Brief - Appellant Reply Feb 3, 2025 10:00 AM Appellant Reply Brief
Order - Appellant Parker Noland's has leave to file a reply brief of no more than 7,500 words Jan 31, 2025 5:21 PM Order - Other
Motion - Unopposed - Brief - Enlarged - Appellant's Reply Brief Jan 31, 2025 2:16 PM Motion
Notice - Incoming - Attorney Withdrawal - EMILY JONES Dec 31, 2024 2:58 PM Notice - Incoming
Notice - Outgoing - Appellee Evergreen Disposal's Brief Filed Dec 19, 2024 8:15 AM Notice - Outgoing
Brief - Appellee Evergreen Disposal's Response Brief Dec 18, 2024 4:35 PM Appellee Response Brief
Order - Appellant has until January 31, 2025, to prepare, file, and serve the reply brief. No further extensions will be granted Nov 22, 2024 2:59 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief - Appellant Parker Noland's Reply Brief Nov 22, 2024 10:22 AM Motion
Notice - Outgoing - Brief Filed Nov 19, 2024 9:09 AM Notice - Outgoing
Brief - Appellee State of Montana's Response Nov 18, 2024 8:05 PM Appellee Response Brief
Order - IT IS HEREBY ORDERED that Intervenor and Appellee Evergreen Disposal, INC. has until December 18, 2024, to prepare, file, and serve its response brief Nov 14, 2024 6:23 PM Order - Other
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellee's Evergreen Disposal, Inc Nov 14, 2024 11:32 AM Motion
Notice - Outgoing - Brief Filed - Cato Institute and Mountain States Legal Foundation Nov 4, 2024 8:56 AM Notice - Outgoing
Notice - Outgoing - Montana Solid Waste Contractors, Inc. Amicus Brief Filed Nov 1, 2024 9:14 AM Notice - Outgoing
Brief - Amicus - Cato Institute and Mountain States Legal Foundation Oct 31, 2024 7:35 PM Amicus Brief
Brief - Montana Solid Waste Contractors, Inc. Amicus Oct 31, 2024 4:19 PM Brief
Notice - Outgoing - Goldwater Inst. Amici Brief Filed Oct 31, 2024 4:04 PM Notice - Outgoing
Brief - Amicus - The Goldwater Institute Oct 31, 2024 2:41 PM Amicus Brief
Order - IT IS HEREBY ORDERED that the motion is GRANTED. Amici Cato Inst. and Mountain States Legal Foundation are granted leave to file an amicus brief on or before November 1, 2024 Oct 31, 2024 10:29 AM Order - Other
Motion - Unopposed - Amicus - Leave to Participate for Cato Instituter and Mountain States Legal Foundation Oct 31, 2024 9:33 AM Motion
Order - Grant - Extension of Time - IT IS HEREBY ORDERED that Montana Solid Waste Contractors' Amicus Brief is due October 31, 2024; Appellees' and Intervenors' Briefs are due November 18, 2024 Oct 11, 2024 3:19 PM Order - Extension
Order - Amicus-Grant Participation - Goldwater Institute has until October 31, 2024 to file it's brief Oct 11, 2024 3:15 PM Order - Other
Motion - Unopposed - Appellee Evergreen Disposal Inc.'s Motion and Affidavit for Second or Subsequent Extension Oct 11, 2024 2:15 PM Motion
Motion - Unopposed - Amicus - Leave to Participate - Goldwater Institute Oct 11, 2024 2:11 PM Motion
Order - IT IS HEREBY ORDERED that the motion is GRANTED. MSWC's amicus brief shall be due on or before October 18, 2024 Sep 12, 2024 2:13 PM Order - Other
Motion - Unopposed - Amicus - Leave to Participate - Montana Solid Waste Contractors Sep 11, 2024 2:26 PM Motion
GRANT - All Appellee Response Briefs are due on or before October 18, 2024 Sep 9, 2024 3:37 PM Other
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - All Appellees Response Briefs Sep 9, 2024 1:53 PM Motion
Notice - Outgoing - Brief Filed Aug 19, 2024 4:36 PM Notice - Outgoing
Brief - Appellant's Opening Aug 19, 2024 2:13 PM Appellant Opening Brief
Notice - Outgoing - Transcript Filed Jul 19, 2024 8:49 AM Transcript
Record - Electronic Transcript Filed for Cause No. DV-22-1308 of 01/08/2024 hearing Jul 18, 2024 4:32 PM Record
Notice - Outgoing - District Court Record Filed Jun 13, 2024 10:50 AM Record
Record - DC Record/Exhibits Filed for Cause DV 22-1308 electronic documents 1-114 and Case Register Jun 13, 2024 10:29 AM Record
Notice - Outgoing - Appeal Notice Jun 12, 2024 10:03 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jun 12, 2024 9:32 AM Notice - Incoming