County fights back against Montana AG order to drop Rocking R Bar case
MTN NEWS
By: Annie Johnson - MTN News
Posted at 6:26 PM, Jan 14, 2021
and last updated 2021-01-14 20:27:29-05
(UPDATE) Gallatin County Attorney Marty Lambert, who represents the Gallatin City-County Board of Health and Health Officer Matt Kelley, released the following message on Thursday afternoon:
The State of Montana is not a party to the R Bar case. The Attorney General may lack authority to âorder and directâ a county attorney to dismiss a case where a local government entity, and not the State of Montana, is the plaintiff.
Eight environmental groups have submitted a petition to the Gallatin County Planning Board and Director requesting a more robust evaluation of a controversial development in Gallatin Gateway.
Montana AG orders county to drop lawsuit against Rocking R Bar
MTN NEWS
By: Annie Johnson - MTN News
Posted at 12:55 PM, Jan 14, 2021
and last updated 2021-01-14 20:16:47-05
(UPDATE) Gallatin County Attorney Marty Lambert, who represents the Gallatin City-County Board of Health and Health Officer Matt Kelley, released the following message on Thursday afternoon:
The State of Montana is not a party to the R Bar case. The Attorney General may lack authority to âorder and directâ a county attorney to dismiss a case where a local government entity, and not the State of Montana, is the plaintiff.
The Attorney Generalâs letter cites a rule of civil procedure providing that all the parties may sign an agreement to dismiss a case. Today I talked to a party to the R Bar case, Health Officer Matt Kelley. Mr. Kelley does not agree to dismissal, so the rule cited by the attorney general cannot be employed to dismiss the case by noon on January 15, 2021.
Montana’s Attorney General Austin Knudsen today exercised his supervisory powers in the Gallatin City-County Board of Health and Health Officer Matt Kelley v. Rocking R Bar case