BURLEY v. BURLINGTON NORTHERN & SANTA FE

No. OP 11-0021.

273 P.3d 825 (2012)

2012 MT 28

364 Mont. 77

Dave BURLEY and Jeannie Burley, Plaintiffs and Petitioners, v. BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, a foreign corporation, f/k/a Burlington Northern Railroad Company, a Delaware Corporation, Defendants and Respondents. Diana And Kenneth Merideth, Plaintiffs and Petitioners, v. Burlington Northern & Santa Fe Railway Company, a foreign corporation, f/k/a Burlington Northern Railroad Company, a Delaware Corporation, Defendants and Respondents. Dana Nelson, Plaintiff and Petitioner, v. Burlington Northern & Santa Fe Railway Company, a foreign corporation, f/k/a Burlington Northern Railroad Company, a Delaware Corporation, Defendants and Respondents.

Supreme Court of Montana.

Submitted September 22, 2011.

Decided February 7, 2012.


Attorney(s) appearing for the Case

For Petitioners: A. Clifford Edwards (argued); A. Christopher Edwards ; Triel D. Culver ; Edwards, Frickle & Culver, Billings, Montana, Michael D. Cok (argued), Julieann McGarry , Theodore R. Dunn , Cok Kinzler, PLLP, Bozeman, Montana.

For Respondent: Brooke C. Kuhl (argued); J. Daniel Hoven ; Carlo Canty ; Browning, Kaleczyc, Berry & Hoven, PC, Helena, Montana, Carl P. Gilmore , K & L Gates LLP, Paul J. Lawrence , Pacifica Law Group LLP, Seattle, Washington.

For Amici Curiae: Hertha L. Lund , Lund Law, PLLC, Bozeman, Montana (for Montana Farm Bureau Federation).

For Amici Curiae: Patrick M. Sullivan ; John P. Davis ; T. Lee Bruner ; Poore, Roth & Robinson, P.C., Butte, Montana, Mark Staples , Staples Law Firm, P.C., Helena, Montana (for Montana Mining Association, Montana Petroleum Marketers and Convenience Store Association, Town Pump, Inc., Rocky Mountain Oil, Inc., and Atlantic Richfield Company).

For Amici Curiae: Mark M. Kovacich ; Tom L. Lewis ; J. David Slovak ; Lewis, Slovak, Kovacich & Marr, PC, Great Falls, Montana (for Livingston Property Owners).


Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 The United States District Court for the District of Montana certified the following question to this Court:

¶ 2 With respect to the continuing tort doctrine, does Montana law, as applied to the facts set forth in Magistrate Judge Ostby's Findings and Recommendations, toll the statute of limitations for property damage claims of nuisance and/or trespass resulting from contamination which...

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