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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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¶89 We hold that the City cannot prevail in asserting § 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 Denkerelated agenda item at the February 14 council meeting. We accordingly reverse the District Court’s contrary conclusion and remand with instructions that the District Court order the hearing examiner to make a determination, in the first instance, as to whether the City’s conduct of the February 14 council meeting constituted unlawful retaliation as alleged by Denke.