City of Great Falls v. Forbes
2011 MT 12
Mont.2011Background
- The City issued a Stop Work Order in June 2009 for Forbes's unpermitted construction within Great Falls city limits.
- Forbes admitted work occurred on-site—replacing a foundation and constructing a roof—believing it involved a mobile home and thus not subject to zoning/building permits.
- The City petitioned the District Court on August 28, 2009 for a preliminary injunction under §§ 27-19-201 and -301, MCA, to halt further construction.
- Forbes was served with the petition, and the court scheduled a show-cause hearing; Forbes filed response briefs and hearings took place in Oct 2009 and Mar 2010.
- The court granted a preliminary injunction requiring Forbes to obtain a building permit before continuing construction and permitted demolition if a permit was not obtained within 180 days.
- The court concluded the City had authority under Montana statutes and City Code/2006 IRC to issue the Stop Work Order and enforce permit requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Procedural propriety of injunction without complaint | City contends injunction issued under § 27-19-201/301 with notice was proper; complaint not required. | Forbes contends City should have filed a complaint and summons to entitle a jury trial and for process reasons. | City properly pursued injunction on application with notice; no complaint required. |
| Right to a jury trial on the injunction | Forbes argues filing a complaint would have created a jury-trial right; equitable proceeding cannot be jury-tried. | Forbes contends procedural form (complaint) would have yielded jury rights; otherwise not. | No right to a jury trial in purely equitable injunction proceeding. |
Key Cases Cited
- Supola v. Montana Dept. of Justice, 278 Mont. 421, 925 P.2d 480 (1996) (1996) (no right to jury trial in equitable action)
- Gray v. City of Billings, 213 Mont. 6, 689 P.2d 268 (1984) (1984) (jury trial right only on legal claims)
- Yockey v. Kearns Props., LLC, 326 Mont. 28, 106 P.3d 1185 (2005) (2005) (standard for appellate review of preliminary injunctions)