Montana Code 2-10-112. Suit to invalidate state agency action
2-10-112. Suit to invalidate state agency action. (1) A state agency’s adopted action is not valid unless the action was taken in compliance with 2-10-105. A private property owner affected by a state agency action taken without fulfilling the requirements of 2-10-105 may bring suit for a declaration of invalidity of the action.
Terms Used In Montana Code 2-10-112
- Private property: means all real property, including but not limited to water rights. See Montana Code 2-10-103
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- State agency: means an officer, board, commission, department, or other entity within the executive branch of state government. See Montana Code 2-10-103
(2)A suit under this section must be filed in a court in the county in which the property owner’s affected property is located. If the affected property is located in more than one county, the property owner may file suit in any county in which the affected property is located.
(3)The court shall award a property owner who prevails in a suit under this section reasonable and necessary attorney fees and court costs.