Montana Supreme Court
Meic v. Governor
May 29, 20252025 MT 112
Summary
The Court vacated the denial of attorney fees and remanded for reconsideration under a newly recognized rebuttable presumption favoring fees when a plaintiff successfully vindicates the constitutional right to know. The presumption does not make fees mandatory and preserves the district court’s discretion to deny fees when the plaintiff acted unreasonably or when other circumstances justify denial. The Court also held that a successful mandamus action will generally support an award of fees, while cautioning that mandamus is reserved for clear cases in which ordinary remedies are inadequate.