Forward Montana v. State

Summary

The Court held that the District Court abused its discretion by denying attorney fees under the private attorney general doctrine. All three doctrinal factors were satisfied because the plaintiffs vindicated constitutional limits on legislative power, private enforcement was necessary, and the litigation benefited Montanans statewide. The Court concluded that the Legislature’s deliberate disregard of constitutional and legislative requirements justified an award of fees, while declining to reach the alternative claim under the declaratory-judgment statute.