Community Assn v. Flathead County

DA 18-0366 ·Direct Appeal ·Civil ·Closed
Docket DA 18-0366
Type Direct Appeal — Easement
Classification Civil
Outcome Affirmed
Lower court case DV-15-121B
Lower court judge Hon. Robert B. Allison

Key dates

Closed Aug 21, 2019
Classified Mar 20, 2019
Appeal filed Jun 28, 2018
Record filed Jul 31, 2018
Briefing ended Feb 19, 2019
Opinion issued Jul 2, 2019
Briefing started Jul 31, 2018
Rehearing denied Aug 20, 2019
Transcript filed Jul 11, 2018
Sent to the court Feb 27, 2019
Cross Appeal Filed Jul 12, 2018
Rehearing requested Jul 9, 2019
Submitted for decision Feb 27, 2019
Cross Reply Brief Filed Feb 19, 2019
Appellant Reply Brief Filed Dec 1, 2018
Appellant Opening Brief Filed Sep 24, 2018
Appellee Response Brief Filed Jan 24, 2019

Calculated

from the docket dates
Appeal filed to briefing start 33
Briefing days 203
Briefing start to opening brief filed 55
Classified to Opinion 104
Close of briefing to sent to court 8
Filing date to Opinion 369
Filing date to closed 419
Opening to response 122
Opinion to closed 49
Reply to cross reply 25
Response to reply 54
Sent to court to classified 20
Submitted for decision to Opinion 125

Tags

Affirmed Amicus requested Closed Cross Appeal Filed Five Justice Panel Published opinion Rehearing denied Rehearing requested

Parties

Appellee
Flathead County Board of County Commissioners
Represented by Tara Renee Fugina
Appellee
Flathead County
Represented by Tara Renee Fugina
Cross Appellant
Community Association for North Shore Conservation
Represented by Donald R. Murray
Appellant
Jolene Dugan
Represented by Richard P. DeJana

Opinion

Community Assn v. Flathead County, 2019 MT 147

Affirmed on July 2, 2019, in a 4 to 0 with 1 concurring published opinion.

Events

most recent first
Fees - Postage Reimbursement Received Aug 29, 2019 9:33 AM Fees
Record - DC Record Return Card Filed Aug 26, 2019 1:27 PM Record
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Aug 22, 2019 1:02 PM Notice - Outgoing
Record - DC Record Returned to District Court Aug 21, 2019 1:10 PM Record
Event - Case Closed Aug 21, 2019 9:13 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Aug 21, 2019 9:06 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Aug 21, 2019 9:01 AM Closing Notice
Order - Deny-Petition for Rehearing Aug 20, 2019 4:33 PM Order - Petition for Rehearing Denied
Event - Sent to Court-Pleading (Petition for Rehearing & Objection) Aug 14, 2019 2:58 PM Event
Response/Objection - Rehearing Aug 14, 2019 2:38 PM Response
Petition - Rehearing. (Appellant Dugan) held for objection Jul 30, 2019 4:34 PM Petition
Response/Objection - Rehearing (Objection by Appellant to Cross-Appellant's petition for rehearing) Jul 30, 2019 4:01 PM Response
Event - Sent to Court-Pleading Jul 29, 2019 11:29 AM Event
Response/Objection - Rehearing (to Cross-Appellant CANSC's petition) Jul 29, 2019 11:00 AM Response
Petition - Rehearing (Cross-Appellant CANSC) - held for response Jul 17, 2019 3:20 PM Petition
Order - Appellant shall have until July 31, 2019, to file a petition for rehearing Jul 9, 2019 4:02 PM Order - Petition for Rehearing Other
Motion - Unopposed - Extension of Time - Re-hearing opportunity Jul 9, 2019 11:48 AM Motion
Opinion - Published Justice McKinnon authored affirming, Justice Rice dissenting in part Jul 2, 2019 4:18 PM Opinion
Order - Classified - Five Justice Panel Mar 20, 2019 12:24 PM Classifying Notice
Order - Motion to Strike is TAKEN UNDER ADVISEMENT and Request for Sanctions is DENIED Mar 12, 2019 4:13 PM Order - Other
CANSC's Response to Motion to Strike and Stipulation for leave to respond to Reply Brief of CANSC Mar 4, 2019 3:32 PM Other
Event - Case Sent to Court Feb 27, 2019 3:15 PM Classifying Notice
Event - Sent to Court-Pleading (motion to strike; objection) Feb 21, 2019 4:40 PM Event
Appellant's Response to Motion to Strike Feb 21, 2019 2:15 PM Other
Motion - Opposed - Strike. held for objection Feb 20, 2019 7:25 PM Motion
Notice - Outgoing - Brief Filed Feb 19, 2019 4:10 PM Notice - Outgoing
Notice - Outgoing - e-filing failure Feb 19, 2019 2:45 PM Notice - Outgoing
Brief - Cross Appellant CANSC's Reply Feb 19, 2019 2:16 PM Cross Reply Brief
Order - Appellant's Motion to Strike Exhibits 9, 26, and 30 to CANSC's Brief is GRANTED. Appellant's motion to Strike Exhibits 17-21 and 27-29 to CANSC's Brief is TAKEN UNDER ADVISEMENT pending the Court's full consideration of the appeal and cross-appeal Jan 30, 2019 10:31 AM Order - Other
Notice - Outgoing - Brief Filed Jan 25, 2019 8:47 AM Notice - Outgoing
Notice - Outgoing - Brief Filed (Flathead County) Jan 25, 2019 8:35 AM Notice - Outgoing
Brief - Appellee's Response (Flathead County) Jan 24, 2019 3:49 PM Appellee Response Brief
Brief - Appellant Reply and Answer to Cross Appeal Jan 24, 2019 2:39 PM Cross Reply Brief
Event - Sent to Court-Pleading Jan 11, 2019 4:20 PM Event
Response/Objection - Response to Motion Jan 11, 2019 3:17 PM Response
Motion - Opposed - Strike certain Exhibits and supporting Memorandum - held for response Dec 31, 2018 12:03 PM Motion
Order - Grant - Extension of Time - Appellant Dugan's reply and answer brief and Appellee's answer on cross appeal are due 1/25/19; Cross-Appellant's reply is due 2/15/19 Dec 18, 2018 12:20 PM Order - Extension
Motion - Unopposed - Extension of Time - Briefing schedule Dec 17, 2018 2:25 PM Motion
Notice - Outgoing - Brief Filed (Amicus MEIC) Dec 7, 2018 11:27 AM Notice - Outgoing
Notice - Outgoing - Appellee and Cross-Appellant Brief Filed (CANSC) Dec 3, 2018 3:29 PM Notice - Outgoing
Notice - Outgoing - Amicus Brief Filed (MTLA) Dec 3, 2018 11:47 AM Notice - Outgoing
Brief - Amicus (Montana Trial Lawyers Association) Nov 30, 2018 11:16 PM Amicus Brief
Brief - Appellee and Cross-Appellant (CANSC) Per Supreme Ct. Order dated 1/30/19, Appendix Exhibits 9, 26, and 30 are STRICKEN. Exhibits 17-21 and 27-29 are TAKEN UNDER ADVISEMENT Nov 30, 2018 8:53 PM Appellant Reply Brief
Brief - Amicus (Montana Environmental Information Center (MEIC)) Nov 30, 2018 3:06 PM Amicus Brief
Response/Objection - Response to Motion (Flathead County and County Commissioners) Nov 20, 2018 1:03 PM Response
Order - the motion to file and over-length brief is DENIED; Cross-Appellant is granted until 11/30/18 to file the opening brief; counsel for Amici shall also have until 11/30/18 Nov 20, 2018 12:59 PM Order - Other
Event - Sent to Court-Pleading (Motions and responses to file over-length brief and for extension of time) Nov 19, 2018 9:59 AM Event
Response/Objection - Response to Motion for Enlarged Brief (Dugan) Nov 19, 2018 8:00 AM Response
Response/Objection - Extension of time to file brief Nov 19, 2018 8:00 AM Response
Motion - Opposed - Brief - Enlarged (CANSC) Nov 16, 2018 5:21 PM Motion
Motion - Opposed - Extension of Time - Appellee and Cross-Appellant CANSC Brief Nov 16, 2018 4:08 PM Motion
Order - Amicus-Grant Participation - Montana Trial Lawyers Association - MTLA shall file its amicus brief on or before November 16, 2018, the same date when the Plaintiff/Cross-Appellant's brief is due Nov 16, 2018 3:39 PM Order - Other
Notice - Outgoing - Brief Filed Nov 16, 2018 11:09 AM Notice - Outgoing
Motion - Opposed - Amicus - Leave to Participate (Montana Trial Lawyers Association) Nov 16, 2018 9:13 AM Motion
Brief - Appellee's Response (Flathead County & Flathead County Commissioners) Nov 15, 2018 3:46 PM Appellee Response Brief
Order - Amicus-Invite Participation - GRANTS MEIC leave to file a brief as an amicus curiae no later than November 16, 2018, the deadline for the Association's brief Nov 15, 2018 3:24 PM Order - Other
Motion - Opposed - Amicus - Leave to Participate Nov 15, 2018 9:23 AM Motion
Order - Cross Appellant CANSC's brief and Appellee Flathead Co's answer brief is due 11/16/18; Appellant's reply/answer brief and Appellee Flathead Co's briefs are due 1/4/19; Cross Appellant's Brief is due 1/24/19 Oct 19, 2018 3:33 PM Order - Other
Motion - Unopposed - Brief - Establish Schedule Oct 18, 2018 4:57 PM Motion
Notice - Outgoing - Brief Filed Sep 24, 2018 3:01 PM Notice - Outgoing
Brief - Appellant's Opening Sep 24, 2018 10:56 AM Appellant Opening Brief
Extension - Grant of Extension - Appellant is given until 9/28/18 to file the opening brief Aug 28, 2018 3:26 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Appellant's Brief Aug 22, 2018 2:51 PM Motion
Notice - Outgoing - District Court Record Filed Jul 31, 2018 10:38 AM Record
Record - Flathead County District Court Record DV 15-121D consisting of (8) eight manila file folders and (1) one black 3-ring binder of exhibits Filed Jul 31, 2018 10:29 AM Record
Fees - Appearance Fee Received Jul 12, 2018 10:02 AM Fees
Notice - Outgoing - Cross Appeal Notice Jul 12, 2018 10:01 AM Notice - Outgoing
Notice - Incoming - Notice of Cross Appeal Jul 12, 2018 9:56 AM Notice - Incoming
Notice - Outgoing - Transcript Filed Jul 11, 2018 8:51 AM Transcript
Electronic Transcript Filed for August 2, 2016 hearing Jul 10, 2018 7:28 PM Other
Notice - Outgoing - Appeal Notice Jun 28, 2018 11:45 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed (Dugan) Jun 28, 2018 11:18 AM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Jun 28, 2018 11:18 AM Fees