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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¶67 First, a ruling that the City is not liable for comments made “by those attending the council meeting” is overbroad, since Denke has not sought to hold the City liable for the comments of anyone except Shoemaker. Second, the proceedings in the District Court related to Shoemaker were stayed by virtue of his filing a bankruptcy petition. As a result, a ruling that Shoemaker’s comments at the council meeting were privileged under § 27-1-804, MCA, is premature. Third, the hearing examiner determined that § 27-1-804, MCA, did not apply to Shoemaker’s letters. As explained above, Shoemaker forfeited his appeal of this determination. See Shoemaker v. Denke, 2004 MT 11, 319 Mont. 238, 84 P.3d 4. Thus, the District Court was not in a position *345to enter a contrary ruling that his letters were privileged under § 27-1-804, MCA.

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