Gruba v. Montana Public Service Commission

Summary

The Montana Supreme Court affirmed dismissal of the appellants’ petition seeking interlocutory review of Montana Public Service Commission rulings concerning street-lighting tariff rates and related procedural matters. The Court held that the appellants failed to show that review of a final agency decision would not provide an adequate remedy under Section 2-4-701, MCA. The memorandum opinion was designated noncitable under the Montana Supreme Court’s Internal Operating Rules.

Holdings

1. Interlocutory judicial review under section 2-4-701, MCA, was not appropriate because the appellants failed to demonstrate that review of a final agency decision would not provide an adequate remedy.

Questions Presented

1. Whether the District Court erred by dismissing the petition seeking review of the Montana Public Service Commission's preliminary, procedural, or intermediate actions.
2. Whether the appellants established under section 2-4-701, MCA, that review of a final agency decision would not provide an adequate remedy, thereby permitting interlocutory judicial review.

Disposition

affirmed