Lone Moose Meadows, LLC v. Boyne USA, Inc.
396 P.3d 128
Mont.2017Background
- Lone Moose Meadows, LLC and Boyne USA, Inc. operate at Big Sky; Boyne runs the ski lift at issue under a 2002 operations agreement.
- LMM agreed to pay maintenance, operating expenses, and a $50,000 annual depreciation expense; depreciation was contested by LMM as payable only after Boyne owned the lift.
- Boyne sent depreciation charges for 2002-03; LMM refused, yet Boyne continued operating the lift and treated the contract as ongoing.
- Boyne sued in 2008 for breach of contract seeking seven years of past-due depreciation payments; LMM defended nonliability for depreciation until ownership.
- The district court granted summary judgment in Boyne’s favor (Boyne I); a restated 2012 judgment totaled seven years of depreciation plus costs and interest, which LMM paid in full.
- In 2019-2010, LMM filed additional claims; Boyne counterclaimed for depreciation for later seasons; the district court held that successive actions on the same contract were permitted and granted summary judgment for Boyne.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether claim preclusion bars successive contract claims | LMM: preclusion bars new claims arising from same contract. | Boyne: Montana law allows successive actions on the same contract for new breaches as they arise. | Yes; not barred; successive actions permitted. |
Key Cases Cited
- Towne v. Second Judicial Dist. Court, 132 P.2d 161 (Mont. 1942) (allowance of successive actions on the same contract)
- Green v. Wolff, 372 P.2d 427 (Mont. 1962) (divisible contract; successive yearly actions permitted)
- Cohen v. Clark, 119 P. 775 (Mont. 1911) (same-contract evolutions permit separate actions for each period)
- Brilz v. Metro Gen. Ins. Co., 285 P.3d 494 (Mont. 2012) (res judicata standards for Montana precedents)
- Gibbs v. Altenhofen, 330 P.3d 458 (Mont. 2014) (procedural preclusion and contract-related claims)
- Denturist Ass’n of Mont. v. State, 372 P.3d 466 (Mont. 2016) (statutory interpretation of successive actions on contracts)
- STC, Inc. v. City of Billings, 543 P.3d 374 (Mont. 1975) (anticipatory breach and remedies in contract law)