Clark Fork Coalition v. Montana Well Drillers

DA 14-0813 ·Direct Appeal ·Civil ·Closed
Docket DA 14-0813
Type Direct Appeal — Declaratory Judgment
Classification Civil
Outcome Affirmed
Lower court case BDV 10-874
Lower court judge Hon. Jeffrey M. Sherlock

Key dates

Closed Sep 29, 2016
Classified Mar 9, 2016
Appeal filed Dec 23, 2014
Record filed Dec 8, 2015
Oral argument May 18, 2016
Briefing ended Jan 29, 2016
Opinion issued Sep 13, 2016
Briefing started Dec 8, 2015
Transcript filed Feb 2, 2015
Sent to the court Feb 1, 2016
Submitted for decision May 18, 2016
Appellant Reply Brief Filed Jan 29, 2016
Appellant Opening Brief Filed Nov 17, 2015
Appellee Response Brief Filed Jan 15, 2016

Calculated

from the docket dates
Appeal filed to briefing start 350
Briefing days 52
Briefing start to opening brief filed 20
Classified to Opinion 188
Close of briefing to sent to court 2
Filing date to Opinion 630
Filing date to closed 646
Opening to response 58
Opinion to closed 15
Oral argument to Opinion 118
Response to reply 14
Sent to court to classified 37
Sent to court to oral argument 107
Submitted for decision to Opinion 225

Tags

Affirmed Amicus granted Amicus requested Case stayed Closed Final Order Issued Opinion synopsis issued Oral Argument Published opinion

Parties

Appellee
Clark Fork Coalition
Represented by Matthew Kellogg Bishop
Other
Department of Natural Resources and Conservation
Represented by Kevin R Peterson
Appellee
Betty J. Lannen
Represented by Matthew Kellogg Bishop
Other
John E. Tubbs
Represented by Kevin R Peterson
Appellee
Joseph Miller
Represented by Matthew Kellogg Bishop
Appellee
Katrin Chandler
Represented by Matthew Kellogg Bishop
Appellant
Montana Association of Realtors
Represented by Abigail J. St. Lawrence
Appellant
Montana Building Industry Association
Represented by Abigail J. St. Lawrence
Appellant
Montana Well Drillers Association
Represented by Ryan Keith Mattick
Intervenor
Mountain Water Company
Represented by Stephen R. Brown
Appellee
Polly Rex
Represented by Matthew Kellogg Bishop

Opinion

Clark Fork Coalition v. Montana Well Drillers, 2016 MT 229

Affirmed on September 13, 2016, in a 6 to 1 published opinion.

Events

most recent first
Event - Case Closed (District Court Record transferred to DA 15-0746) Sep 29, 2016 10:22 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Sep 29, 2016 10:18 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Sep 29, 2016 10:00 AM Closing Notice
Opinion - Synopsis of Opinion Sep 13, 2016 4:34 PM Synopsis
Opinion - Published - Justice McKinnon - Affirmed with an exception Sep 13, 2016 4:26 PM Opinion
Event - Oral Argument Presented by Abigail J. St. Lawrence and Ryan Mattick for the appellant and Laura King and Stephen R. Brown for the appellee. The matter was taken under advisement at 10:47 a.m May 18, 2016 3:53 PM Event
Notice - Outgoing - Oral Argument Scheduled Mar 9, 2016 11:19 AM Notice - Outgoing
Order - Classified - Oral Argument - Wednesday, May 18, 2016 at 9:30 a.m Mar 9, 2016 11:10 AM Classifying Notice
Event - Case Sent to Court Feb 1, 2016 9:39 AM Classifying Notice
Brief - Appellants Montana Assoc. of Realtors & Montana Bldg. Industry Assoc.'s Reply Jan 29, 2016 2:31 PM Appellant Reply Brief
Brief - Appellant Montana Well Diggers Association's Reply Jan 29, 2016 9:11 AM Appellant Reply Brief
Brief - Intervenor (Mountain Water Company) Jan 15, 2016 3:35 PM Brief
Brief - Amicus (Trout Unlimited) Jan 15, 2016 3:08 PM Amicus Brief
Notice - Incoming - Appearance (T. Jodoin as co-counsel for Montana League of Cities and Townes) Jan 15, 2016 2:16 PM Notice - Incoming
Brief - Amicus - (Montana League of Cities and Towns) Jan 15, 2016 1:40 PM Amicus Brief
Brief - Appellee's Response - (Clark Fork Coalition, et al) Jan 15, 2016 1:27 PM Appellee Response Brief
Brief - Amicus (Bitterrooters for Planning, et al.) Jan 14, 2016 2:31 PM Amicus Brief
Order - the motion of Montana League of Cities and Towns is GRANTED leave to file an amicus brief and shall be filed by 1/15/16 Dec 28, 2015 11:41 AM Order - Other
Motion - Amicus - Leave to Participate ("Montana League of Cities and Towns"). sent to Court w/file Dec 24, 2015 3:22 PM Motion
Order - the motion of Citizen Amici is GRANTED, the brief shall be filed by 1/15/16 Dec 17, 2015 10:19 AM Order - Other
Motion - Amicus - Leave to Participate ("Citizen Amici"). sent to Court Dec 16, 2015 3:17 PM Motion
Order - Amicus-Grant Participation (Montana Trout Unlimited) Dec 14, 2015 3:13 PM Order - Other
Motion - Unopposed - Amicus - Leave to Participate (Montana Trout Unlimited). sent to Court Dec 14, 2015 1:48 PM Motion
Notice - Outgoing - District Court Record Filed Dec 8, 2015 11:54 AM Record
DC Record for Cause No. BDV 2010-874 consisting of file no. 4 of 4 beginning with doc. #69 was received and filed on 12/8/15 in DA 15-0746 Dec 8, 2015 11:47 AM Other
Extension - Grant of Extension until 1/15/2016 to file Intervenor-Appellee Brief (Mountain Water Company) Nov 27, 2015 4:09 PM Extension
Motion - Extension of Time - Intervenor-Appellee Brief (Mountain Water Company) Nov 27, 2015 10:40 AM Motion
Extension - Grant of Extension to January 15, 2016 to file Appellee's Brief Nov 20, 2015 3:53 PM Extension
Motion - Unopposed - Extension of Time - Appellees Brief Nov 19, 2015 2:01 PM Motion
Brief - Appellant's (MT Assoc. of Realtors & MT Bldg. Industry Assoc.)Opening Nov 17, 2015 2:15 PM Appellant Opening Brief
Brief - Appellant's (MT Well Drillers) Opening Nov 17, 2015 2:03 PM Appellant Opening Brief
Brief - Amicus (Water Systems Council) Nov 17, 2015 1:58 PM Amicus Brief
Notice - Incoming - Change of Address (Abigail J. St. Lawrence) Nov 17, 2015 1:32 PM Notice - Incoming
Brief - Amicus - (Montana Association of Counties) Nov 12, 2015 9:30 AM Amicus Brief
Order - Water Systems Council is granted leave to file an amicus brief, to be filed by 11/17/15 Nov 10, 2015 11:42 AM Order - Other
Motion - Amicus - Leave to Participate - Water Systems Council - sent to Court w/SC file Nov 9, 2015 3:57 PM Motion
Order - Amicus-Grant Participation (MACo) Nov 4, 2015 3:26 PM Order - Other
Motion - Unopposed - Amicus - Leave to Participate - Montana Association of Counties - sent to Court w/SC file Nov 4, 2015 11:46 AM Motion
Order - no reply shall be filed; the motion to dismiss this appeal is DENIED Oct 27, 2015 3:46 PM Final Order
Response/Objection - Appellant Montana Well Drillers Associations' Response opposing Appellee Petitioner's Motion to Dismiss Appeal for Lack of Jurisdiction Oct 20, 2015 11:34 AM Response
Event - Sent to Court-Pleading Oct 15, 2015 11:13 AM Event
Response/Objection - Response to Motion to Dismiss (Montana Association of Realtors & Montana Building Industry Association) Oct 14, 2015 10:32 AM Response
Order - Grant - Extension of Time until 3 weeks after this Court's ruling on Appellees' Motion to Dismiss to file Opening Briefs Oct 14, 2015 10:00 AM Order - Extension
Motion - Unopposed - Extension of Time - Montana Well Drillers Opening Brief. sent to Court Oct 13, 2015 1:25 PM Motion
Notice - Outgoing - Additional District Court Documents Oct 9, 2015 1:48 PM Notice - Outgoing
Record - Administrative Record Filed - 2 file folders Oct 9, 2015 1:47 PM Record
Motion - Opposed - Appellee's Motion to Dismiss - held for response Oct 9, 2015 9:19 AM Motion
Order - Grant - Extension of Time - Intervenors are granted until an extension of time to file their opening brief 3 weeks after the Court rules on the pending motion for stay or after the DC issues an order on costs Mar 27, 2015 11:14 AM Order - Extension
Motion and Supporting Affidavit - Extension of Time - Appellant's Brief - sent to Court w/SC file Mar 26, 2015 3:27 PM Motion
Response/Objection - MONTANA WELL DRILLERS ASSOCIATION'S Response to Clark Fork Coalition's Motion to stay briefing. (sent to court) Feb 23, 2015 11:38 AM Response
Event - Sent to Court-Pleading - (Motion to Stay Briefing, no response) Feb 19, 2015 11:04 AM Event
Extension - Grant of Extension until 04-03-2015 to file Appellant's Brief (Montana Association of Realtors) Feb 18, 2015 12:12 PM Extension
Extension - Grant of Extension until April 6, 2015, to file Appellant Montana Well Drillers Association's opening Brief Feb 17, 2015 3:07 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellant Montana Well Drillers Association) Feb 17, 2015 2:22 PM Motion
Motion - Extension of Time - Appelllant's Brief (Montana Association of Realtors and Montana Building Industry Association) Feb 17, 2015 11:24 AM Motion
Order - Pro Hac Vice - Allow Participation of Jesse Richardson Feb 13, 2015 4:34 PM Order - Other
Motion - Pro Hac Vice - State Bar Certification and Application (Jesse Richardson). To Court Feb 13, 2015 2:27 PM Motion
Motion - Opposed - Stay Briefing until the pending matter of attorneys' fees and costs in the District Court is resolved. (held for response) Feb 9, 2015 9:49 AM Motion
Notice - Outgoing - District Court Record Filed Feb 4, 2015 9:28 AM Record
Record - Lewis and Clark County DC Record BDV 2010-874 consisting of (3) manila file folders Filed Feb 3, 2015 9:11 AM Record
Notice - Outgoing - Transcript Filed Feb 2, 2015 1:00 PM Transcript
Record - Condensed Transcript w/DVD of September 23, 2014 hearing Feb 2, 2015 10:23 AM Record
Notice - Outgoing - Appeal Notice Dec 29, 2014 1:39 PM Notice - Outgoing
Fees - Appearance Fee Received (Montana Association of Realtors) Dec 24, 2014 11:15 AM Fees
Fees - Appearance Fee Received (Montana Well Drillers) Dec 24, 2014 11:11 AM Fees
Notice - Incoming - Notice of Appeal Filed (Montana Association of Realtors) Dec 24, 2014 11:06 AM Notice - Incoming
Notice - Incoming - Notice of Appeal Filed (Montana Well Drillers Association) Dec 23, 2014 10:57 AM Notice - Incoming