Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Legal Legislative Updates topic
No spam. Unsubscribe anytime.
County attorney briefs commission on two lawsuits and ongoing property tax legislation
Summary
The county attorney notified the commission of two pending lawsuits—Kevin Payne v. Missoula County and Darren Webster v. Nurse Kelkey et al.—and staff discussed several active property tax bills in the legislature, including versions containing homestead exemptions and graduated rates.
The county attorney briefed the Missoula County Commission on two pending civil matters and upcoming deadlines. The county must file an answer in Kevin Payne v. Missoula County (DB 25 AD) in state district court by May 5; county counsel indicated the response will likely be a motion to dismiss. The briefing said Payne alleges wrongful arrest, racial profiling, and defamation; the attorney noted related underlying criminal matters and that one felony charge had been dismissed previously by the county attorney’s office.
The second notice involved Darren Webster v. Nurse Kelkey and Sergeant Boughton (case CV24165) in federal district court. The transcript records that Webster’s third amended complaint survived court pre-vetting; Missoula County indicated it will tender claims to Wellpath to defend the contract nurse and will defend a county corrections sergeant for alleged issues around grievance handling. The county noted deadlines to acknowledge service and to file a response (motions to dismiss were identified as the likely next filings).
The commission also heard an extended legislative update about property tax measures active in the Montana Legislature. Staff discussed several bills discussed on the floor and in committees, naming “House Bill 924,” “Senate Bill 287,” and other measures that staff said contain components such as a homestead exemption, graduated tax rates, and a one-time property tax rebate. Staff emphasized that implementation timing is a concern: the Department of Revenue may not be able to adjust this year’s tax bills if a new program requires new administration, and that parts of the legislative package are being combined across bills as session work proceeds.
Staff and commissioners discussed possible consequences of a four-percent revenue cap referenced in other legislation (noted as HB117/SB2 language in the briefing). Speakers argued that a 4% cap on revenue growth could discourage local jurisdictions from extending infrastructure to encourage growth because new development could increase service costs without equivalent revenue gains. The transcript records debate about whether the governor signs particular bills, the injunction on an enacted statute challenged by the ACLU of Montana, and the timing of judicial orders; staff referenced a preliminary injunction issued by Judge Veneta and noted further briefing timelines.
No formal commission action was recorded on the litigation notices or the legislative items; these were presented as informational updates and timeline notices in the meeting.
