Friedel, LLC v. Lindeen, 2017 MT 65

Friedel, LLC (a Montana bail bond company) was the subject of an administrative inquiry by the Montana State Auditor in February 2014.
In June 2014 Friedel served two requests for its agency file: one in the administrative proceeding and one under the Montana Constitution’s Right-to-Know provision.
The Auditor produced 276 documents and a privilege log for nine withheld documents in July 2014. Friedel did not raise objections to the privilege log until filing a motion to compel on October 8, 2014.
The administrative hearing examiner denied Friedel’s motion to compel, citing Friedel’s delay in objecting to the privilege log.
Friedel then filed a district-court right-to-know request; before the court ruled, the Auditor waived privilege and produced the remaining records (April 29, 2015).
Friedel sought attorney fees under § 2-3-221, MCA; the District Court denied fees, reasoning Friedel unreasonably delayed and could have avoided fees by timely following up with the hearing examiner or the Auditor. Friedel appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the District Court abused its discretion in denying attorney fees under § 2-3-221, MCA	Friedel argued it prevailed in obtaining the records and therefore should receive fees under the statutory authority for successful Article II, § 9 actions	Auditor argued denial was proper because Friedel unreasonably delayed and failed to pursue available, less costly remedies before filing the right-to-know action	Court affirmed: denial was within discretion because Friedel’s unreasonable procedural delay provided a sufficient rationale for denying fees

Matter of Investigative Records of the City of Columbus Police Dep’t, 265 Mont. 379 (1994) (discusses standards for awarding attorney fees under right-to-know statutes)
Gaustad v. City of Columbus, 272 Mont. 486 (1995) (defines abuse of discretion standard)
Goodman v. Goodman, 222 Mont. 446 (1986) (abuse of discretion definition authority)
Yellowstone Cnty. v. Billings Gazette, 333 Mont. 390 (2006) (statute makes fee awards discretionary)
Billings High Sch. Dist. No. 2 v. Billings Gazette, 335 Mont. 94 (2006) (upheld denial of fees when public entity acted reasonably)
Disability Rights Mont. v. State, 350 Mont. 101 (2009) (supports denial of fees where opposing entity reasonably attempted resolution)
Shockley v. Cascade Cnty., 382 Mont. 209 (2016) (trial court must provide rationale when denying fees)