Post by Admin on Nov 3, 2016 9:37:25 GMT -7
O'Connells appeal is denied; legal battle continues
On October 26th, 2016 the Montana Supreme Court denied an appeal from Glastonbury landowners Val and Daniel O'Connell. The O'Connells requested that the Montana Supreme grant them relief from District Court orders including an order quashing discovery, a protective order, and an order granting summary judgment to the defendants. Their appeal was denied simply because it was filed too soon. As the attached order points out, the
"GLA states that this appeal is not ripe because GLA filed a counterclaim in April 2013, seeking to enjoin the O'Connells "from filing further vexatious lawsuits without prior court approval." GLA explains that this claim is still pending with the Park County District
Court, which the court recognized in its June 1, 2016 Order granting GLA's motion for summary judgment and dismissing all of the O'Connells' claims. The GLA points out that the court stated: "The GLA's counterclaim remains to be litigated."
It appears to the Forum that once the GLA counter claim is decided upon by the Park District Court then the summary judgement will be complete and the O'Connells can file an appeal.
You may download the Supreme Court order here.
"GLA states that this appeal is not ripe because GLA filed a counterclaim in April 2013, seeking to enjoin the O'Connells "from filing further vexatious lawsuits without prior court approval." GLA explains that this claim is still pending with the Park County District
Court, which the court recognized in its June 1, 2016 Order granting GLA's motion for summary judgment and dismissing all of the O'Connells' claims. The GLA points out that the court stated: "The GLA's counterclaim remains to be litigated."
It appears to the Forum that once the GLA counter claim is decided upon by the Park District Court then the summary judgement will be complete and the O'Connells can file an appeal.
You may download the Supreme Court order here.