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MOLNAR EX REL. RESIDENTS OF PUBLIC SERVICE COMMISSION v. MONTANA PUBLIC SERVICE COMMISSION

No. DA 06-0682.

177 P.3d 1048 (2008)

2008 MT 49

Public Service Commissioner Brad MOLNAR on Behalf of RESIDENTS OF PUBLIC SERVICE COMMISSION DISTRICT 2 and All Others Served by Northwestern Energy, Plaintiff and Appellant, v. MONTANA PUBLIC SERVICE COMMISSION and Pennsylvania Power and Light of Montana, LLC, Defendants and Appellees.

Supreme Court of Montana.

Decided February 13, 2008.

Attorney(s) appearing for the Case

For Appellant: Francis P. McGee, Attorney at Law, Butte, Montana.

For Appellees: Robin A. McHugh, Special Assistant Attorney General, Helena, Montana (PSC), Joseph P. Mazurek and Michael W. Green, Crowley, Haughey, Hanson, Toole & Dietrich P.L.L.P., Helena, Montana (PPLM), Paul Lawrence, Preston Gates & Ellis, LLP, Seattle, Washington (PPLM).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellant Public Service Commissioner Brad Molnar (Molnar) appeals from the order of the First Judicial District Court, Lewis and Clark County, dismissing his complaint for lack of jurisdiction. We affirm.

¶ 2 We address the following issue on appeal:

¶ 3 Did the District Court err in dismissing the complaint for lack of jurisdiction as untimely filed?

FACTUAL AND PROCEDURAL...

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