BNSF Railway Co. v. Cringle
2010 MT 290
| Mont. | 2010

Background

  • BNSF sought judicial review of a Montana Human Rights Bureau/Commission discrimination ruling against Cringle after denying him employment based on height/weight statistics.
  • Cringle filed his complaint in July 2008; the Bureau found reasonable cause and moved toward a contested case proceeding.
  • A hearing officer granted summary disposition for Cringle in May 2009; final damages decision issued September 2, 2009 and served that day.
  • BNSF appealed to the Commission on September 22, 2009, after the 14-day deadline had expired; the Commission dismissed the appeal, denying consideration of good-cause arguments.
  • BNSF filed a petition for judicial review in district court on November 2, 2009; Cringle moved to dismiss for lack of jurisdiction under § 49-2-505(3)(c).
  • The district court dismissed the petition; on Cringle’s 60(b) motion, it issued a nunc pro tunc enforcement order and judgment in Cringle’s favor on April 9, 2010; BNSF appeals.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the 14-day deadline deprives district court jurisdiction BNSF contends deadline is not jurisdictional and district court retains power to hear good-cause extensions. Cringle argues deadline is a jurisdictional bar, finalizing the agency decision and extinguishing district court review. Deadline does not strip subject matter jurisdiction; remand to consider good cause.

Key Cases Cited

  • Davis v. State, 344 Mont. 300, 187 P.3d 654 (2008 MT) (time bars are not jurisdictional; can be tolled equitably)
  • Miller v. Eighteenth Jud. Dist. Ct., 337 Mont. 488, 162 P.3d 121 (2007 MT) (categorical time prescriptions are not jurisdictional)
  • Nye v. Dept. of Livestock, 196 Mont. 222, 639 P.2d 498 (1982 MT) (only Legislature may provide for judicial review of agency decisions)
  • Molnar v. Mont. Pub. Serv. Commn., 2008 MT 49, 341 Mont. 420, 177 P.3d 1048 (2008 MT) (distinction between jurisdiction and authority; good-cause analysis)
  • In re McGurran, 199 MT 192, 295 Mont. 357, 983 P.2d 968 (1999 MT) (review of agency determinations; procedural timelines)
  • Johnston v. State, 2008 MT 318, 346 Mont. 93, 193 P.3d 925 (2008 MT) (statutory deadlines treated as non-jurisdictional time limits)
Read the full case