Latest 3 Cases: First National Properties, LLC v. Hilstead Trust (Contracts), Gottlob v. DesRosier (Government & Administrative Law), Gottlob v. ...

Don’t Blame the SCOTUS DACA Ruling for Difficulties Undoing Trump’s Damage

MICHAEL C. DORF

Cornell law professor Michael C. Dorf responds to claims that the U.S. Supreme Court’s decision last term invalidating the Trump administration’s effort to rescind the Deferred Action for Childhood Arrivals (DACA) program license President Trump to take actions that will be difficult for a future Democratic administration to undo. Dorf argues that characterizing the ruling as a win for Trump and his executive power is far-fetched, and we should instead be concerned with the long-lasting damage to the environment and our nation’s foreign policy caused by the Trump administration.

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First National Properties, LLC v. Hilstead Trust

Citation: 2020 MT 211

Opinion Date: August 18, 2020

Judge: Shea

Areas of Law: Contracts, Real Estate & Property Law

The Supreme Court affirmed in part and reversed in part the orders of the district court holding Plaintiff liable for additional taxes Defendants owed as a result of Plaintiff's prepayment on the contract, holding that Plaintiff was obligated to pay additional taxes that were incurred by Defendants over the term of the contract. Plaintiff entered into an agreement with Defendants for the purchase of real property. Plaintiff later sued, alleging that its obligations under the agreement were satisfied and seeking an order requiring Defendants to reconvey the property to Plaintiff. Defendants counterclaimed for breach of contract. After a trial, the district court held that Plaintiff had not fulfilled all obligations under the contract. The court awarded Defendants damages and denied Defendants' request for prejudgment interest on the damage award. The Supreme Court reversed in part, holding that the district court (1) correctly found that Plaintiff did not extinguish its obligations under the contract; (2) correctly denied Defendants' motion for prejudgment interest; but (3) erred when it interpreted the relevant documents to obligate Plaintiff to pay the additional taxes that were incurred by Defendants in the year the prepayment was made instead of the total additional taxes Defendants incurred over the term of the contract.

Gottlob v. DesRosier

Citation: 2020 MT 212

Opinion Date: August 18, 2020

Judge: Sandefur

Areas of Law: Government & Administrative Law, Tax Law

In this fifth case arising from an ongoing dispute between Plaintiffs and Glacier County and certain county officials (collectively, the County), the Supreme Court reversed the district court's grant of Plaintiffs' motion for appointment of a financial receiver for the County, holding that the court abused its discretion. Plaintiffs alleged claims against the County regarding alleged financial mismanagement and non-compliance with government budgeting, auditing, and tax laws. By motion filed prior to filing their complaint, Plaintiffs sought appointment of a financial receiver pendente lite to assure that the budgeting, tax levying, expenditure and disbursement, and accounting laws were strictly complied with. The district court refused to appoint a receiver for the purpose requested by Plaintiffs but appointed a more limited receivership to determine the extent of personal liability for the County officials for deficit spending. The Supreme Court reversed, holding that the district court (1) erred in appointing a receiver for a stated purpose in excess of and unrelated to the limited purpose of a receivership pendente lite; and (2) erred in basing the receivership on a preliminary adjudication of the ultimate merits of its underclass claims for relief and on a reason that did not establish or contribute to the requisite necessity for appointment of a receiver under section 27-20-102(3).

Gottlob v. DesRosier

Citation: 2020 MT 210

Opinion Date: August 18, 2020

Judge: Sandefur

Areas of Law: Government & Administrative Law, Tax Law

The Supreme Court affirmed the judgment of the district court denying Defendants' motion to dismiss claims asserted against Glacier County officials (collectively, the County) in Plaintiffs' complaint due to lack of subject matter jurisdiction, holding that the district court did not err. This was the fourth case arising from a dispute between Plaintiffs and the County regarding alleged financial mismanagement and non-compliance with government budgeting, auditing, and tax laws. The County sought dismissal of certain claims under Mont. R. Civ. P. 12(b)(1), arguing that subject matter jurisdiction was lacking because no express or implied right to remedy existed. The district court denied the motion on the ground that Mont. Code Ann. 15-1-406 through -408 provided and express private right and related remedies, and thus related subject matter jurisdiction. The Supreme Court affirmed without prejudice to issues properly preserved and raised pursuant to Mont. R. Civ. P. 12(b)(6), holding that the district court did not err in denying the County's Rule 12(b)(1) motion to dismiss.