Montana Supreme Court
Atkinson v. Livingston
February 10, 20262026 MT 21
Summary
The Montana Supreme Court affirmed the district court’s grant of summary judgment, holding that the Atkinsons’ negligence and negligent misrepresentation claims are barred by the ten‑year statute of repose in § 27‑2‑208, MCA. The Court applied a plain‑meaning interpretation, finding the statute’s language unambiguous and applicable to municipal actions, and concluded the repose period began when the City issued its Statement of Substantial Completion in 2013, well before the 2024 filing.