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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¶56 Section 2-9-111(2), MCA, provides that “[a] governmental entity is immune from suit for a legislative act or omission by its legislative body, or any member or staff of the legislative body, engaged in legislative acts.” The term “governmental entity” includes municipalities. Section 2-9-111(1)(a), MCA. Furthermore, the term “legislative act,” as applicable in the case at hand, means “actions by a legislative body that result in creation of law or declaration of public policy.” Section 2-9-111(1)(c)(i)(A), MCA. The hearing examiner opined that “whether and how to limit comment during a council meeting is a legislative act.” Similarly, the District Court expressed the view that “the conducting of a city council meeting by the city is a legislative act.” These statements are correct in the sense that conducting a city council meeting and placing (or failing to place) limits on the discussion of a particular agenda item at the meeting are actions taken by a legislative body. However, such actions here, which did not “result in creation of law or declaration of public policy,” do not fall within the plain wording of the term “legislative act” as defined in § 2-9-111(1)(c)(i)(A), MCA. Accordingly, strictly construing the grant of governmental immunity as provided by the plain wording of this statute, we hold that the City’s conduct of the discussion of the Denkerelated agenda item is not encompassed within that statutory grant.

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