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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (1000)

Full Text

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¶58 Given the foregoing conclusions, we need not address the parties’ dispute over whether decisions regarding how to conduct the February 14 council meeting were “legislative acts” under the test articulated in Bechard. We hold that the City cannot prevail in asserting either § 2-9-111, MCA, or § 2-9-114, MCA, as a defense to Denke’s claim of unlawful retaliation based on the City’s conduct of the discussion of the Denke-related agenda item at the council meeting. We accordingly reverse the District Court’s determination that the City is immune from suit.