Denke v. Shoemaker, 2008 MT 418 (2008)

Citation: Denke v. Shoemaker, 2008 MT 418 (2008)
Parent Document: Denke v. Shoemaker, 2008 MT 418 (2008)
Jurisdiction: Montana (state)
Effective Date: 2008-12-16
Original Source: https://www.courtlistener.com/opinion/888205/denke-v-shoemaker/ ↗

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¶46 For the reasons which follow, we agree with Denke that the hearing examiner, the HRC, and the District Court erred in their respective applications of § 2-9-111, MCA, to the case at hand. Furthermore, we conclude that the City’s reliance on § 27-1-804, MCA, and New York Times is misplaced. However, we do agree, in part, with the City’s argument that it could not lawfully have regulated what was said at the council meeting. Because our partial agreement with the City’s regulation argument may limit Denke’s entitlement to relief, it is useful to address that argument first, followed by a discussion of the immunity issue. Lastly, we address the City’s alternative theories based on statutory privilege and New York Times. II. The City’s Regulation Argument

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