Justia Landlord - Tenant Opinion Summaries

In a previous landlord/tenant action in 2007, attorney Kevin Brown filed suit against Ronald Fick in district court on behalf of two tenants who alleged that Fick had unlawfully evicted them from a unit he manages. The district court found for Fick. Fick filed the present action in 2010, arguing that Brown had fraudulently brought the prior action in district court rather than in justice's court. The district court granted Brown's motion to dismiss, and Fick appealed. At issue was whether Mont. Code Ann. 3-10-302 confers concurrent jurisdiction on justices' and district courts for actions arising under the Landlord and Tenant Act. The Supreme Court affirmed, holding that (1) the clear terms of Montana law provide that justices' courts share concurrent jurisdiction with district courts; and (2) Fick's arguments were not made in good faith, Fick's appeal is frivolous and vexatious and filed for purposes of harassment, and sanctions are warranted. Remanded. View "Fick v. Brown" on Justia Law

In district court, appellants were held liable for violating the Town of Levantâs Article 1010 land use ordinance by allowing a third partyâs mobile home to be moved onto and remain on their land after receiving multiple notices of the violation. At issue was whether appellants could be held responsible for a violation caused by a third party and whether there was evidence that they played a role in leaving the mobile home on their property. The Court affirmed, holding that (1) under the four-factor analysis outlined in Town of Boothbay v. Jenness, the landowners were responsible for land use violations committed on their property, and (2) there was sufficient evidence that the appellants had notice of the violation and the ability and opportunity to correct the violation but failed to do so.