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Montana AG Orders Gallatin County to Dismiss Rocking R Bar Case


Montana AG Orders Gallatin County to Dismiss Rocking R Bar Case
Montana s Attorney General Austin Knudsen announced today that he has ordered Gallatin County to dismiss its case against the Rocking R Bar in Bozeman.
The Attorney General has supervisory powers regarding legal matters involving counties in the state, and Knudsen directed County Attorney Marty Lambert to promptly dismiss 
Gallatin City-County Board of Health and Health Officer Matt Kelley v. Rocking R Bar. The Rocking R was currently being sued by Gallatin County for not closing at 10 p.m. as mandated by the Health Department s COVID-19 directives.
“The ten o’clock closure rule defies commonsense,   said Attorney General Knudsen. This type of government overreach is devastating to Montana workers and small businesses.  ....

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County fights back against Montana AG order to drop Rocking R Bar case


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 “order and direct” a county attorney to dismiss a case where a local government entity, and not the State of Montana, is the plaintiff. ....

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Montana AG orders Gallatin County to drop lawsuit against Rocking R Bar


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 “order and direct” a county attorney to dismiss a case where a local government entity, and not the State of Montana, is the plaintiff.
The Attorney General’s 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 n ....

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