Montana Code 2-3-114. Enforcement — attorney fees
2-3-114. Enforcement — attorney fees. (1) The district courts of the state have jurisdiction to set aside an agency decision under this part upon petition of any person whose rights have been prejudiced. A petition pursuant to this section must be filed within 30 days of the date on which the person learns, or reasonably should have learned, of the agency’s decision.
Terms Used In Montana Code 2-3-114
- Agency: means any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, or enter into contracts except:
(a)the legislature and any branch, committee, or officer thereof;
(b)the judicial branches and any committee or officer thereof;
(c)the governor, except that an agency is not exempt because the governor has been designated as a member thereof; or
(d)the state military establishment and agencies concerned with civil defense and recovery from hostile attack. See Montana Code 2-3-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
(2)A person alleging a deprivation of rights who prevails in an action brought in district court to enforce the person’s rights under Article II, section 8, of the Montana constitution may be awarded costs and reasonable attorney fees.