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DISABILITY RIGHTS MONTANA v. STATE

No. DA 08-0270.

207 P.3d 1092 (2009)

2009 MT 100

350 Mont. 101

DISABILITY RIGHTS MONTANA, a Montana not-for-profit corporation, f/k/a Montana Advocacy Program, Inc., Plaintiff and Appellant, v. STATE of Montana, Defendant and Appellee.

Supreme Court of Montana.

Decided March 31, 2009.

Attorney(s) appearing for the Case

For Appellant: Andree Larose, Reynolds, Motl & Sherwood, Anita Roessmann, Disability Rights Montana, Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; J. Stuart Segrest and Ali Bovingdon, Assistant Attorneys General, Helena, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Disability Rights Montana (Disability Rights) appeals from the District Court's order granting summary judgment to the Department of Health and Human Services (Department), and denying attorneys fees to Disability Rights. We affirm.

¶ 2 Disability Rights raises the following issues on appeal:

¶ 3 1. Whether § 41-3-205, MCA, provides a reasonable means of balancing the...

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