Barrett v. State

Summary

The Court affirmed the district court’s determination that the plaintiffs had constitutional and prudential standing to challenge three legislative enactments affecting Montana’s university system. It also affirmed that the enactments were unconstitutional because they infringed the Board of Regents’ constitutionally vested authority to supervise, manage, and control the university system; the State’s failure to defend two enactments on appeal constituted a concession. The attorney-fee denial remained in place because no majority agreed on whether the private attorney general doctrine warranted an award.