Bitterroot River Protective Ass'n v. Bitterroot Conservation District, 2011 MT 51

This is an appeal from a Ravalli County district court order awarding BRPA $319,405.65 in attorney fees following BRPA II on Mitchell Slough.
BRPA II held Mitchell Slough is a natural, perennial-stream under the 310 Law and subject to stream access and public recreation under SAL, and remanded for judgment in BRPA's favor and FWP.
On remand BRPA sought attorney fees under the private attorney general doctrine and UDJA for work 2003-2009, against intervening parties and BCD.
The district court bifurcated merits from fees, reserved jurisdiction to determine costs and attorney fees, and later awarded fees against Landowners and Marnell but not BCD.
Landowners and Marnell argued the district court lacked jurisdiction to rule on fees under M.R.Civ.P. 59(g) because the fee motion was denied beyond 60 days; BRPA contended July 2009 judgment was not final.
The Montana Supreme Court affirmed the fee award under the private attorney general doctrine and remanded to clarify which intervenors were liable for the fee judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the court lose jurisdiction under Rule 59(g)?	Landowners:Rule 59(g) bar; motion denied late.	BRPA:July 2009 judgment not final; Rule 59(g) not triggered.	No jurisdiction loss; judgment not final under Rule 59(g).
Was the fee award warranted under the private attorney general doctrine?	Landowners:no vindicated constitutional interests, extensive government involvement questions the award.	BRPA: Doctrine fits due to public-right vindication and significant private effort; factors support award.	Yes; district court did not abuse discretion in awarding fees.

Associated Press v. Crofts, 321 Mont. 193, 89 P.3d 971 (2004 MT 120) (Rule 59(g) timing and finality concerns)
Kirchner v. Western Mont. Regional Community Mental Health Ctr., 261 Mont. 227, 861 P.2d 927 (1993 MT) (interlocutory vs final judgments for appeal purposes)
Griffin, In re Marriage of Griffin, 260 Mont. 124, 860 P.2d 78 (1993 MT) (finality requires no further determinations)
Harding v. Garcia, 337 Mont. 274, 159 P.3d 1083 (2007 MT 120) (post-judgment amount of fees; finality concepts)
Montrust, 1999 MT 263, 296 Mont. 402, 989 P.2d 800 (1999 MT) (adoption of private attorney general doctrine and factors)
Baxter v. State, 2009 MT 449, 354 Mont. 234, 224 P.3d 1211 (2009 MT) (abuse of discretion standard for fee awards under doctrine)
American Cancer Society v. State, 325 Mont. 70, 103 P.3d 1085 (2004 MT 376) (fees not warranted when constitutional interest not vindicated)
Finke v. State ex rel. McGrath, 314 Mont. 314, 65 P.3d 576 (2003 MT 48) (considerations for fee unjustness under private attorney general doctrine)
Bean Lake II, 240 Mont. 39, 782 P.2d 898 (1999 MT) (policy considerations for government involvement in private actions)