Montana Supreme Court

Cottonwood v. State

December 18, 20242024 MT 313

Summary

The Montana Supreme Court reversed the District Court’s facial invalidation of the statute restricting local initiatives concerning auxiliary containers. It held that the Legislature may limit self-governing local governments and that local initiatives are subject to the same lawful constraints as the local governments themselves, including statutory prohibitions. The Court did not decide the separate challenge based on the constitutional right to a clean and healthful environment.