Montana Supreme Court: Citizens Deserve Justice — And Legal Fees

On July 1, 2025, the Montana Supreme Court delivered a strong statement about fairness in the courtroom: when citizens win lawsuits correcting government overreach, they shouldn’t bear the cost alone.

In Upper Missouri Waterkeeper v. Broadwater County, the plaintiffs — represented by Rob Farris-Olsen and Kim Wilson of Morrison Sherwood Wilson Deola — successfully challenged the approval of a large subdivision that skirted state water laws. Despite their win, the lower court refused to award attorney fees.

The Supreme Court reversed, recognizing that the equities overwhelmingly favored the plaintiffs — a nonprofit and a handful of residents — who were forced to take on a state agency, a county government, and a major developer.

“Indeed, the County's Kafkaesque procedure and the developer's Byzantine application... lead the Court to conclude that the County's preliminary plat approval must be denied not only for the substantive failure... but also based on the procedural failure.”

That quote from the district court underscores what the Supreme Court affirmed: ordinary citizens should not be financially punished for doing the government’s job when it fails.

This ruling is about more than just attorney fees — it affirms the role of citizens as enforcers of the law when public agencies fall short. Without the ability to recover legal costs, many valid claims would never be brought. The Court’s recognition that equity must prevail when citizens take risks to uphold the law ensures that Montana’s constitutional rights — including the right to participate in government decisions — remain meaningful in practice, not just on paper.

By ordering fees under the Uniform Declaratory Judgments Act (UDJA), the Court acknowledged that litigation like this is often the only way to enforce environmental and land use laws. And when it works, equity demands that citizens be made whole.

If you’re facing a complex land use or environmental dispute in Montana, or need experienced counsel to challenge unlawful government decisions, contact Rob Farris-Olsen or Kim Wilson at Morrison Sherwood Wilson Deola — they know how to navigate both the courtroom and the law when it matters most.