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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¶54 Montana’s 1972 Constitution abolishes the common-law doctrine of sovereign immunity from suit. See Mont. Const. art, II, § 18; Silvestrone v. Park County, 2007 MT 261, ¶ 12, 339 Mont. 299, ¶ 12, 170 P.3d 950, ¶ 12. At the same time, however, the Constitution provides that immunity may be established by specific provision enacted by a supermajority of both houses of the Legislature. Specifically, Article II, Section 18 states: “The state, counties, cities, towns, and all other local governmental entities shall have no immunity from suit for injury to a person or property, except as may be specifically provided by law by a 2/3 vote of each house of the legislature.” Thus, governmental immunity exists in this state only as provided by statutes enacted by a two-thirds vote of both houses. See e.g. Whiting v. State, 248 Mont. 207, 221-22, 810 P.2d 1177, 1186 (1991). Section 2-9-111, MCA, is such a statute. Likewise, although not addressed by the hearing examiner, the HRC, or the District Court, the City also cites § 2-9-114, MCA, which was enacted pursuant to Article II, Section 18’s exception. These provisions establish governmental immunity from suit for the acts and omissions enumerated therein.

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