Summary
The Supreme Court of Montana reviewed an interlocutory appeal from an order transferring BNSF Railway Company's challenge to the Montana Department of Environmental Quality's remediation plan from Flathead County to Lewis and Clark County. The court held that the transfer was independently supported by convenience-of-witnesses and ends-of-justice grounds under Montana Code § 25-2-201(3), and that such a discretionary venue ruling was not subject to interlocutory appeal. The appeal was dismissed.
Holdings
- A district court's discretionary decision to transfer a case from one proper county to another under Montana Code Annotated § 25-2-201(3), for the convenience of witnesses and the ends of justice, is not subject to interlocutory appeal.
Questions Presented
- Whether the Montana Supreme Court could review by interlocutory appeal a district court's discretionary transfer of venue under Montana Code Annotated § 25-2-201(3), based on the convenience of witnesses and the ends of justice.
Disposition
dismissed
Cases Cited (11)
- Tractor & Equip. Co. v. Zerbe Bros., 2001 MT 162, ¶ 4, 306 Mont. 111, 32 P.3d 721(followed)
- In re Marriage of Lockman, 266 Mont. 194, 201, 879 P.2d 710, 715 (1994)(followed)
- State v. Pegasus Gold Corp., 270 Mont. 32, 38-39, 889 P.2d 1197, 1201 (1995)(followed)
- Yellowstone County v. Drew, 2007 MT 130, 337 Mont. 346, 160 P.3d 557(distinguished)
- In re Lake County's Obligation for Operating Costs of the Fourth Judicial District v. Hutchin, 223 Mont. 55, 724 P.2d 183 (1986)(distinguished)
- Yeager v. Foster, 146 Mont. 330, 406 P.2d 370 (1965)(distinguished)
- Ford v. Montana Dep't of Fish, Wildlife and Parks, 208 Mont. 132, 676 P.2d 207 (1984)(discussed)
- I.S.C. Distribs. v. Trevor, 259 Mont. 460, 465, 856 P.2d 977, 980 (1993)(discussed)
- Circle S Seeds of Montana v. Montana Merchandising, 2006 MT 311, ¶ 9, 335 Mont. 16, 157 P.3d 671(discussed)
- Liang v. Lai, 2004 MT 188, 322 Mont. 199, 94 P.3d 759(discussed)
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Cited In (0)
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