©2015 Concerned Citizens of Western Montana
On Monday, the Flathead Joint Board of Control and several individual members of the Board filed suit against the state of Montana to void the vote on the water compact.
The suit is based upon language in the compact concerning waivers of immunity from suit.
Article 2 Section 18 in the Montana Constitution states:
The state, counties, cities, towns and all other local governmental entities shall have no immunity from suit for injury to a person or property, except as may be specifically provided by law by a 2/3 vote of each house of the legislature.
So far we have only seen the Missoulian pick up this story. You can read it here.
Attempts were made on the house floor to change the language in the compact that would have removed this immunity issue and therefore the 2/3 vote requirement. However, Steve Fitzpatrick and the supporters of the compact successfully resisted this amendment as well as all others, and stopped the bill from going to house appropriations for scrutiny as well.
More to come.
Update: Here are copies of the filed petition and AG’s office response. Note that the AG’s attorney response completely ignores the whole purpose of the suit, the immunity waiver, and the invalidity of the vote on SB262.
Petition FJBC Individuals filed 04/20/15
AG Attorneys Response filed 04/22/15
AG Brief to Support Change of Venue 04/22/15
Plaintiff Response to AG Response 04/24/15
Order Setting Scheduling Conference 05/27/15