Swenson v. Janke, 908 P.2d 678 (1995)

Citation: Swenson v. Janke, 908 P.2d 678 (1995)
Parent Document: Swenson v. Janke, 908 P.2d 678 (1995)
Jurisdiction: Montana (state)
Effective Date: 1995-12-28
Original Source: https://www.courtlistener.com/opinion/883414/swenson-v-janke/ ↗

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District Court. Following the appeal to and a nonjury trial in the
District Court, that court dismissed Swensonls claims in their
entirety and held that Swenson failedto provide necessary services
in violation of Montana law and health department regulations and
that his action to terminate Jankes tenancy was in retaliation for
their notice of July 8, 1992, and for Alice Jankelsparticipation
in a tenants' association.            The court awarded Jankes $540 in
damages--the equivalent of three months' rent--and attorney fees.
                                  ISSUE 1
       Was the District Court's finding of retaliatory conduct
clearly erroneous?
       Whether   a   landlord   has    engaged   in   retaliatory   conduct
prohibited by statute is a question of fact.           Section 70-24-431,
MCA, commissioner's comments.           The standard of review for the
District Court's findings of fact is whether they are clearly
                                                              ,
erroneous. Rule 52 (a), M.R.Civ.P. ; Brown v. Tintinger (1990) 245 Mont.

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