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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¶57 Section 2-9-114, MCA, provides that “[a] local governmental entity and the elected executive officer thereof are immune from suit for damages arising from the lawful discharge of an official duty associated with vetoing or approving ordinances or other legislative acts or in calling sessions of the legislative body.” Here, there were no ordinances under consideration during the discussion of the Denkerelated agenda item, and neither that discussion nor the regulation thereof involved legislative acts. However, the statute grants immunity for the lawful discharge of an official duty “in calling sessions of the legislative body.” Although Denke’s claim appears to rest on the manner in which the council meeting was conducted, for *342which the City is not immune from suit under § 2-9-114, MCA, we note that to the extent Denke’s claim rests on the “calling” of the meeting itself, the City is immune under § 2-9-114, MCA, for that particular act.

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