Mont. Code Ann. § 27-2-204

Section 27-2-204 provides a three-year limitations period for general tort actions.

Seven Seas Import-Export & Mercantile, Inc. v. Handee Foods, Inc. · filed 1981-01-14

It could be argued that section 27-2-204, MCA (statute of limitation for general tort actions), is applicable. However, this section only extends the limitation to three years, and, thus, appellant’s action is still properly barred.

Section 27-2-204(1) sets a three-year limitations period for negligence actions.

Masse v. STATE, DEPT. OF HIGHWAYS · filed 1983-06-30(1)

The cause of action is one for negligence. The applicable statute of limitations is three years. Section 27-2-204(1), MCA.

Section 27-2-204 sets a three-year limitations period for negligence and products liability tort claims.

Bennett v. Dow Chemical Co. · filed 1986-02-06

The applicable statute of limitations period for ac- tions in negligence and products liability in tort is three years. Section 27-2-204, MCA.

Section 27-2-204(3) sets a two-year limitations period for assault and battery claims, rather than the general three-year period for tort actions.

Weston v. Cole · filed 1988-07-19(3)

Although a strict reading of S 27-2-204, MCA, may present some conflict between subsections (1) and ( 3 ) , the intent appears to have been to establish a general three year statute of limitations for tort actions, with a shorter two year period for certain particular tort actions such as assault and battery.

Section 27-2-204(1) sets a three-year limitations period for strict liability tort claims.

Sternhagen v. Dow Co. · filed 1989-02-22(1)

The period of limitations recognized in Montana as applicable ... to claims founded upon strict liability in tort is three years, as established by Mont. Code Ann. § 27-2-204(1) (1987).

Section 27-2-204(2) gives a wrongful death plaintiff three years from the decedent's death to file suit.

Carroll v. W.R. Grace & Co. · filed 1992-09-30(2)

Wrongful death actions in Montana are subject to a three-year statute of limitations. Mont.Code Ann. § 27-2-204(2) (1991). ... The Montana Supreme Court's decision authoritatively establishes that "a wrongful death action in Montana accrues at the time of the decedent's death." Carroll, slip op. at 5. Mrs. Carroll's wrongful death claim, consequently, is not time-barred, and the district court's grant of summary judgment to Grace on this claim must be reversed.

Section 27-2-204(1) supplies a three-year limitations period for personal injury tort actions, including § 1983 actions brought in Montana.

Harvey v. Waldron · filed 2000-04-25(1)

In Montana, the limitations period for tort actions for the recovery of damages for personal injuries, and therefore for § 1983 actions, see Wilson, 471 U.S. at 276, 105 S.Ct. 1938, is three years after the action “accrues.” See Mont.Code Ann. § 27-2-204(1); Hando v. PPG Industries, Inc., 236 Mont. 493, 771 P.2d 956, 961 (1989); Bennett v. Dow Chemical Co., 220 Mont. 117, 713 P.2d 992, 994 (1986).

Section 27-2-204 supplies a three-year limitations period for federal Bivens and § 1983 claims.

Fourstar v. Ness · filed 2008-05-02

The district court did not abuse its discretion by dismissing Fourstar’s complaint without leave to amend because his action is barred by a three-year statute of limitations, whether the complaint is construed as asserting a federal claim, see Mont.Code Ann. § 27-2-204; Van Strum v. Lawn, 940 F.2d 406, 410 (9th Cir.1991) (state’s statute of limitations for personal injury claims applies in both Bivens and section 1983 actions), or a state claim, see 28 U.S.C. § 1332; see also Mont.Code Ann. § 27-2-206; Flowers v. Carville, 310 F.3d 1118, 1123 (9th Cir.2002) (in a diversity case forum state law determines which state’s statute of limitations governs).

Section 27-2-204 sets a three-year limitations period for general and personal injury tort actions.

Hawkes v. Montana State Department of Corrections · filed 2008-12-30

The statute of limitations for general and personal injury tort actions is three years. Section 27-2-204, MCA.

Section 27-2-204(1) sets a three-year limitations period for tort actions.

Humphrey v. Remington Arms Co. · filed 2015-02-10(1)

Montana law prescribes a three-year statute of limitations period for commencement of an action in tort. ... Absent tolling, therefore, Appellants filed their claims outside their respective limitations periods.

Section 27-2-204 gives general tort actions, including negligence and strict liability, a three-year limitations period.

Christian v. Atlantic Richfield Co. · filed 2015-09-01

Before addressing these exceptions, we note the following statutes of limitations applicable to Appellants’ claims: ... and for general tort actions, including negligence and strict liability, three years, § 27-2-204, MCA.

Section 27-2-204(1) sets a three-year limitations period for personal injury actions, including § 1983 claims brought in Montana.

Braulick v. Bullock · filed 2020-07-22(1)

Thus, Montana’s three-year statute of limitations governing personal injury actions applies. Mont. Code Ann. § 27-2-204(1).

A defamation claim based on a duty independent of an employment contract is subject to a two-year limitations period.

Plakorus v. University of Montana · filed 2020-12-15(3)

Taking the facts alleged as true, these claims are rooted in tort and thus are subject to a two-year statute of limitations under which Plakorus timely filed.

Section 27-2-204(1) sets a three-year limitations period for negligence claims, including claims involving property damage.

Margitan v. McAfee · filed 2020-12-22(1)

The statute of limitation period for negligence is three years.

Section 27-2-204(1) gives general negligence claims a three-year limitations period.

Selensky-Foust v. Mercer · filed 2022-05-24(1)

Critical here, medical negligence claims are subject to a two-year statute of limitations, § 27-2-205(1), MCA, while general negligence claims are subject to a three-year statute of limitations under § 27-2-204(1), MCA.

Section 27-2-204(1) sets a three-year limitations period for personal injury actions, which applies to § 1983 claims filed in Montana.

Parizeau v. Anciaux · filed 2023-11-08(1)

Montana's statute of limitations for personal injury actions is three years. Mont. Code Ann. § 27-2-204(1). Parizeau filed his Complaint on February 7, 2022. Therefore, to be timely, his cause of action must have arisen on or after February 7, 2019.

Section 27-2-204(1) provides a three-year limitations period for personal injury actions, which applies to § 1983 claims filed in Montana.

Hawk v. McLean · filed 2024-11-12(1)

In Montana, that period is three years after the action accrues. Mont. Code Ann. § 27-2-204(1). Hawk’s complaint is dated November 1, 2024. All claims accruing before November 1, 2021, appear to be barred by the applicable statute of limitations.

Section 27-2-204(1) sets a three-year limitations period for personal injury actions, which applies to § 1983 claims in Montana.

Alex v. Munfrada · filed 2025-04-23(1)

Montana's statute of limitations for personal injury actions is three years. Mont. Code Ann. § 27-2-204(1). Therefore, the statute of limitations on any claim regarding acts in 2020 expired in 2023.

Section 27-2-204 gives tort claims a three-year limitations period, subject to the discovery rule only until the plaintiff should reasonably have known of the wrongful act and injury.

E.W. v. D.C.H. · filed 1988-05-03

The legislature has determined that the statutory period to bring an action sounding in tort shall be three years. Section 27-2-204, MCA. Generally, the statute of limitations begins to run upon the occurrence of the last fact essential to the cause of action.

Section 27-2-204 sets a three-year limitation period for general negligence actions.

R.H. Grover, Inc. v. Flynn Insurance · filed 1989-07-25

The action for general negligence (the record is replete with evidence of Flynn's negligence) is controlled by the three year limitation found in section 27-2-204, MCA. The jury was instructed properly on that limitation.

Section 27-2-204 provides a three-year limitations period for an independent tort action against an uninsured employer.

Barthule v. Karman · filed 1994-12-20

Therefore, the tort statute of limitations of three years applies and was satisfied. Section 27-2-204, MCA. We conclude that Barthule's claim was not barred by the statute of limitations.

A tort action must be brought within three years of the wrongful act.

Stevens v. Department of Natural Re · filed 2001-02-22

According to the complaint, the events giving rise to this action occurred in 1993 and 1994. The statutory period for bringing a tort action is within three years of the wrongful act. Section 27-2-204, MCA. The present action was not commenced until February 2000- well beyond the statutory limit for doing so. We conclude, therefore, that the Stevenses' claim is barred by the applicable statute of limitations and that, even construing the complaint in the light most favorable to them, the Stevenses have failed to state a claim for which relief may be granted.

Section 27-2-204 gives a claimant three years to file a tort action, subject to applicable tolling.

Wing v. State Ex Rel. Department of Transportation · filed 2007-03-13

The parties agree that the three-year time limit provided for in § 27-2-204, MCA, applies to Wing’s complaint, and that the statute of limitations governing her action would have expired on April 27, 2004. ... We conclude that the District Court’s determination that the three-year statute of limitations barred Wing’s complaint was legally correct.

Section 27-2-204 requires a personal injury action to be filed within three years after the claim accrues.

Chriske v. State Ex Rel. Department of Corrections & Institutions · filed 2010-07-13

An action for personal injury must be commenced within three years from the time that the claim or cause of action accrues. Section 27-2-204, MCA.

Section 27-2-204(1) sets a three-year limitations period for tort claims.

Thieltges v. Royal Alliance Associates, Inc. · filed 2014-09-16(1)

No claims were brought against Royal Alliance until more than three years after this date. See § 27-2-204, MCA. The District Court did not err by granting summary judgment in favor of Royal Alliance.

Section 27-2-204(1) gives a plaintiff three years to bring a claim for interference with prospective economic advantage; the period began when the plaintiff’s contract expired.

Vainio v. State · filed 2015-03-17(1)

Further, under § 27-2-204(1), MCA, this claim is barred by the three-year statute of limitations because Vainio’s contract with the State expired on October 31, 1997, and was not renewed.

Section 27-2-204 provides a three-year limitations period for negligence claims and supplies the generally applicable period for § 1983 claims in Montana.

Sugg v. Boyer · filed 2025-08-07

In Montana, “[t]he statute of limitations for claims of negligence, wrongful death, survivorship, and negligent infliction of emotional distress is three years.” Estate of Woody v. Big Horn County, 376 P.3d 127, 128 (Mont. 2016) (citing Mont. Code Ann. § 27-2-204). Thus, the generally applicable statute of limitations for Sugg’s negligence claim and her claim under § 1983 is three years.

Section 27-2-204(1) sets a three-year limitations period for personal injury actions in Montana.

Smith v. Warden · filed 2026-01-27(1)

The district court properly dismissed Smith’s claim arising from his 2019 assault as barred by the statute of limitations. ... Mont. Code Ann. § 27-2-204(1) (the statute of limitations for personal injury actions in Montana is three years).

Section 27-2-204(1) sets a three-year limitations period for personal injury actions, which applies to § 1983 claims brought in Montana.

Korman · filed 2026-01-28(1)

Montana's statute of limitations for personal injury actions is three years. Mont. Code Ann. § 27-2-204(1).

Section 27-2-204(1) gives a plaintiff three years from accrual to file the state law claims at issue.

Mittelstaed · filed 2026-03-03(1)

Like her § 1983 claim, Mittelstaed’s state law claims are also subject to a three-year statute of limitations, and therefore, Mittelstaed had three years from the date her injury accrued to timely file her state law claims.

Section 27-2-204(1) provides a three-year limitations period for personal injury actions, which applies to § 1983 claims in Montana.

Warner · filed 2026-03-30(1)

A three-year period after an action accrues applies in Montana. See, Mont. Code Ann. §27-2-204(1).

Section 27-2-204(1) sets a three-year limitations period for personal injury actions, which the court applied to § 1983 claims in Montana.

Smith v. United States Air Force · filed 2026-05-01(1)

Montana's statute of limitations for personal injury actions is three years. Mont. Code Ann. § 27-2-204(1). Any § 1983 claim related to Defendants’ actions or failure to act leading up to the events of July, 2021--or Smith’s subsequent conviction on July 5, 2022--must have been filed by July 5, 2025 at the latest. Smith’s Complaint was filed too late, on March 22, 2026.

Section 27-2-204(1) gives a plaintiff three years to file a tort action.

Hartford v. General Motors · filed 2003-06-03(1)

Both parties acknowledge that § 27-2-204(1), MCA, provides a three-year period within which a tort action must be filed. This time period commences when a claim accrues.

Section 27-2-204 sets a three-year period for tort actions and does not authorize a discovery rule.

Much v. Sturm, Ruger & Co., Inc. · filed 1980-12-24

The statute of limitations for tort actions, however, does not authorize application of a discovery rule. MCA § 27-2-204 (1979).

Section 27-2-204 gives three years to bring tort and product liability claims; when diligent investigation cannot identify the cause of an injury, the period may begin when a medical opinion links the injury to its cause.

Hando v. PPG Industries, Inc. · filed 1989-03-30

A three-year statute of limitations does indeed apply to tort claims or products liability claims. Section 27-2-204, MCA. ... Consequently, we hold that the facts in the present case are comparable to those in Hornung, and not to those in E .W. , and we likewise hold that the three-year statute of limitations did not begin to run until a medical opinion was rendered in April-May of 1984 linking her injuries to her exposure to the PPG paint.

Subsection (1) covers negligence actions and incorporates § 27-2-216’s tolling provision into their general limitations period.

Werre v. David · filed 1996-03-14(1)

Subsection (1) of this statute, which encompasses negligence actions, specifically cross- references the tolling provisions of § 27-2-216, MCA, and thereby engrafts the § 27-2-216, MCA, tolling provision onto the general statute of limitations for negligence actions.

Section 27-2-204(1) gives a plaintiff three years from accrual to bring a tort action; continuous exposure causing a latent injury does not delay accrual until the last exposure.

Gomez v. State · filed 1999-04-01(1)

First, the parties do not dispute that the three causes of action Gomez alleged against the State — products liability, negligence and breach of implied warranties — sound in tort and that tort actions must be commenced within three years of the date the cause of action accrues. See § 27-2-204(1), MCA; Hando v. PPG Industries, Inc. (1989), 236 Mont. 493, 501, 771 P.2d 956, 961; Bennett v. Dow Chemical Co. (1986), 220 Mont. 117, 122, 713 P.2d 992, 995. ... In light of these policy considerations and the dearth of authority supporting Gomez’s arguments, we decline to adopt a continuing tort theory to determine the accrual date of Gomez’s causes of action under the facts of this case. Consequently, we hold that the District Court did not err in concluding that, under the three-year tort statute of limitations and the discovery rule, Gomez’s complaint was not timely filed and in granting summary judgment to the State on the basis that Gomez’s causes of action were barred by the applicable statute of limitations.

Section 27-2-204(1) sets a three-year limitations period for constitutional tort claims.

Belanus v. Potter · filed 2017-04-26(1)

The claims Belanus raises are constitutional torts and are subject to the three-year statute of limitations set forth in § 27-2-204(1), MCA.

Section 27-2-204 gives a plaintiff three years from accrual to file a tort action; when evidence conflicts about the accrual date, a jury must decide whether the claim is time-barred.

Siebken v. Voderberg · filed 2012-12-18

The applicable three-year statute of limitations is codified at § 27-2-204, MCA, and provides that an action founded in tort must be filed within three years of accrual of the cause of action. ... Because the evidence of when the statute of limitations began to run on Siebken’s claim against Voderberg is conflicting, we reverse the order of summary judgment in favor of Voderberg and remand for a trial by jury.

Section 27-2-204’s limitations period bars a civil conspiracy claim when the claim has accrued and no tolling applies.

Lence Family Trust v. Christensen · filed 2015-11-19

The Trust’s actual and constructive fraud claims and its civil conspiracy claim are barred by the applicable statutes of limitations. See Mont. Code Ann. § 27-2-203; Mont. Code Ann. § 27-2-204. The causes of action accrued at the latest when John Lence issued the Notice of Rescission on September 9, 2005, and threatened a lawsuit for fraud. No tolling applied.

Section 27-2-204(1) gives a negligence claim a three-year limitations period, measured from accrual or, at the latest, discovery of facts that would alert the claimant to the claim.

Masse v. Dept. of Highways · filed 1983-05-19(1)

The cause of action is one for negligence. The applicable statute of li-mitations is three years. Section 27-2-204 (1), MCA. The statute of limitations commences to run when the cause accrues or, at the latest, on the date of discovery.

Section 27-2-204 provides a three-year limitations period for tort claims, including blacklisting claims for which no specific period is provided.

Malquist v. Foley · filed 1986-02-13

Our holding that plaintiff’s claim constitutes a tort under state law requires the application of the three year statute of limitations applicable to tort actions in Montana, Section 27-2-204, MCA. Because no specific statute of limitations is provided under state law for blacklisting, the tort of blacklisting is covered by the general tort statute of limitations and of course the same would be true for actions grounded in intentional infliction of mental distress and tortious interference with contractual relationships.

Section 27-2-204 sets a three-year limitations period for personal injury tort actions, including § 1983 claims filed in Montana.

Frank Boring Fitzgerald v. Montana Department of Family Services · filed 1993-08-30

Mont.Code Ann. § 27-2-204 sets a three year statute of limitation for personal injury tort actions. ... Since Fitzgerald filed his complaint more than three years after that date, his action against these defendants is time-barred.

Section 27-2-204 gives a person three years to bring an invasion of privacy action based on a liability not founded on a written instrument.

Rucinsky v. Hentchel · filed 1994-09-15

Pursuant to § 27-2-204, MCA, the applicable statute of limitations period for an action on a liability not founded upon an instrument in writing is three years.

Section 27-2-204 provides a three-year limitations period for general tort claims against a licensed professional counselor and a community mental health center.

Lundgren v. Eastern Mt. Community M · filed 1998-04-23

From our review, however, it is clear that § 27-2-204, MCA, is the appropriate statute to apply in this instance. ... Section 27-2-204, MCA, sets forth the applicable period of limitations for tort actions, providing specifically that "the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years."

Section 27-2-204(1) gives a plaintiff three years to file a professional negligence claim.

McCormick v. Brevig · filed 1999-04-27(1)

¶118. We agree with the District Court that the three-year statute of limitations bars Clark's professional negligence claim with respect to the cattle share agreement. From the date the cattle share agreement was executed on May 1, 1986, Clark had three years to file a claim for professional negligence with respect to the cattle share agreement. However, Clark did not commence his third-party action against the Accounting Defendants until June 30, 1995, long after the statute of limitations had expired.

Section 27-2-204 sets a three-year limitations period for tort actions unless another period applies.

Webster v. Geico Ins. Co. · filed 2000-07-06

Unless otherwise provided for, the statute of limitations for bringing a tort action is three years. Section 27-2-204, MCA. While Webster slumbered upon his rights for six years, time expired on his claims.

Section 27-2-204 provides a three-year limitations period for negligent misrepresentation claims; when the facts are concealed, the period begins when they are discovered or should have been discovered with due diligence.

Strom v. Logan · filed 2001-02-15

The Logans contend that the Stroms' claim for negligent misrepresentation was barred by the three-year statute of limitations set forth in § 27-2-204, MCA. ... Where the facts constituting a claim are by their nature concealed, or where the defendant has taken action which prevents the injured party from discovering the injury or its cause, the three-year statute of limitations does not begin to run until the facts constituting the claim either were discovered or should have been discovered with due diligence. Section 27-2-102(3)(a), MCA. ... We hold that the Stroms' claims were not barred by the statute of limitations.

Section 27-2-204(1) gives three years to file a common law tort claim. A third-party bad faith claim can accrue when the claimant knows the insurer rejected a settlement demand, without waiting for the underlying case to settle.

Burton v. State Farm Mutual Automobile Insurance · filed 2004-06-22(1)

The period for filing a common law tort claim in Montana is three years. Mont.Code Ann. § 27-2-204(1). ... The same principles do not apply here because Burton knew he had a third party cause of action once State Farm failed to accept his demand on March 11, 1994. ... In Burton’s case there was no need to wait until the underlying case was settled.

Section 27-2-204(1) sets a three-year limitations period for personal injury actions.

Roselle v. United States · filed 2009-10-06(1)

The district court properly granted summary judgment for defendant Scott because the claims against him are time-barred. See Carpinteria Valley Farms, Ltd. v. County of Santa Barbara, 344 F.3d 822, 828 (9th Cir.2003) (“The applicable statute of limitations for actions brought pursuant to 42 U.S.C. § 1983 is the forum state’s statute of limitations for personal injury actions.”); Mont.Code Ann. § 27-2-204(1) (statute of limitations governing personal injury actions is three years).

Section 27-2-204(a) sets a three-year limitations period for general tort actions.

KORTLANDER v. Cornell · filed 2011-09-12(a)

Montana law imposes a three-year statute of limitations for general tort actions. Mont.Code Ann. § 27-2-204(a).

Section 27-2-204(1) sets a three-year limitations period for personal injury claims, including claims brought under 42 U.S.C. § 1983.

Baugus v. Billings Police Department · filed 2012-01-10(1)

The district court properly dismissed Baugus’s action as time-barred. See Mont. Code Ann. § 27-2-204(1) (three-year statute of limitations for personal injury claims); Jones v. Blanas, 393 F.3d 918, 927 (9th Cir. 2004) (“For actions under 42 U.S.C. § 1983, courts apply the forum state’s statute of limitations for personal injury actions[.]”); see also Wallace v. Kato, 549 U.S. 384, 391 (2007) (“The cause of action accrues even though the full extent of the injury is not then known or predictable.” (citation and internal quotation marks omitted)).

Section 27-2-204(1) sets a three-year limitations period for negligence and breach-of-warranty claims.

Johnston v. Centennial Log Homes & Furnishings, Inc. · filed 2013-07-08(1)

The Johnstons’ claims for negligence and breach of warranty were subject to a three-year statute of limitations. Section 27-2-204(1), MCA.

Section 27-2-204(1) sets a three-year limitations period for negligence claims.

Palmer v. Quinn · filed 2013-12-31(1)

Negligence claims are governed by a three-year statute of limitations. Section 27-2-204(1), MCA.

Section 27-2-204 sets a three-year limitations period for general tort actions, including negligence and negligent misrepresentation.

Hein v. Sott Homes · filed 2015-07-14

The statute of limitations for general tort actions, including negligence and negligent misrepresentation, is three years. Section 27-2-204, MCA.

Section 27-2-204(1) provides a three-year limitations period for personal injury actions, including § 1983 claims filed in Montana.

Belanus v. Clark · filed 2015-08-05(1)

As the district court and Belanus agree, the applicable statute of limitations is Montana’s three-year statute of limitations governing personal injury actions, Mont. Code Ann. § 27-2-204(1).

Section 27-2-204 sets a three-year limitations period for negligence, wrongful death, survivorship, and negligent infliction of emotional distress claims.

Estate of Woody Ex Rel. Woody v. Big Horn County · filed 2016-07-26

The statute of limitations for claims of negligence, wrongful death, survivorship, and negligent infliction of emotional distress is three years. Section 27-2-204, MCA.

Section 27-2-204(1) sets a three-year limitations period for negligence actions.

Nelson v. Nelson · filed 2002-07-02(1)

The statute of limitations in Montana in an action for negligence is three years. Section 27-2-204(1), MCA. ... Therefore we conclude as a matter of law that Elizabeth’s complaint was timely filed.

Section 27-2-204(1) sets a three-year limit for an action on a liability not founded on a written instrument; the period ends the day before the third anniversary of its first counted day.

Bosch v. Town Pump, Inc. · filed 2004-11-23(1)

As stated above, § 27-2-204(1), MCA, provides that “the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.” ... Thus, in the present case, a three-year limitations period with a start date of December 25, 1999, ends on December 24, 2002.

Section 27-2-204(1) sets a three-year limitations period for negligence claims, including negligent misrepresentation.

Pederson v. ROCKY MOUNTAIN BANK · filed 2012-03-06(1)

The applicable statutes of limitations for the causes of action in the Pedersons’ complaint are as follows: three years for negligence claims, including negligent misrepresentation, Cechovic v. Hardin & Assocs., 273 Mont. 104, 119, 902 P.2d 520, 529 (1995) (citing § 27-2-204(1), MCA); ... By filing their complaint on March 14, 2011, more than three years later, the Pedersons failed to commence their action within any of the applicable statutes of limitations.

Section 27-2-204(1) gives plaintiffs three years to bring a tort claim; the discovery rule can delay when that period begins.

Draggin' Y Cattle Co. v. Addink · filed 2013-10-29(1)

The discovery rule thus requires that the applicable three-year statute of limitations period for the tort claims began to run in February 2008.

Section 27-2-204(1) sets a three-year limitations period for negligence and negligent misrepresentation claims, including nuisance claims based on negligence.

Norbeck v. Flathead Cnty. · filed 2019-04-09(1)

A claim of negligence or negligent misrepresentation is subject to a three-year statute of limitations. Section 27-2-204(1), MCA. A nuisance claim is generally subject to a two-year statute of limitations, but since the District Court found Norbecks' nuisance claim was based on a negligent act, the applicable statute of limitations is that of negligence-three years.

Subsection (1) supplies a three-year limitations period for the claims at issue.

Englert v. Hopkins · filed 2020-04-22(1)

Englert’s claims that involve allegations that he was not admitted into sex offender treatment in 2006 are barred by the three-year statute of limitations applicable here. Mont. Code Ann. § 27-2-204(1); Wilson v. Garcia, 471 U.S. 261 (1985).

Section 27-2-204 sets a three-year limitations period for personal injury actions, which applies to § 1983 claims brought in Montana.

Thompson v. Sullivan · filed 2020-06-04

In Montana, the statute of limitations for personal injury actions is three years. Mont. Code Ann. § 27-2-204. The Magistrate Judge correctly concluded that Thompson had actual knowledge by March 2012 of the basis of his § 1983 claim against the Wittich Defendants, but failed to bring a claim within three years.

Section 27-2-204 sets a three-year limitations period for negligence claims.

Thompson v. Sullivan · filed 2020-06-08

A claim for negligence must be brought within three years. Mont. Code Ann. § 27-2-204.

Section 27-2-204 sets a three-year limitations period for personal injury actions, including § 1983 claims brought in Montana.

Thompson v. Sullivan · filed 2020-07-06

In Montana, the statute of limitations for personal injury actions is three years. Mont. Code Ann. § 27-2-204.

Section 27-2-204 sets a three-year limitations period for personal injury actions, which applies to § 1983 claims brought in Montana.

Thompson v. Sullivan · filed 2020-07-14

In Montana, the statute of limitations for personal injury actions is three years. Mont. Code Ann. § 27-2-204.

Section 27-2-204(1) provides a three-year limitations period for personal injury actions, which applies to § 1983 claims filed in Montana.

Holmes v. Bullock · filed 2020-08-10(1)

The statute of limitations for personal injury actions remains three years after the action accrues. Mont. Code Ann. § 27-2- 204(1).

Section 27-2-204 generally gives negligence claims a three-year filing period, but the six-month deadline after a county rejects a claim supersedes that period.

Estate of Michael Ostby v. Yellowstone County · filed 2020-08-14

Generally speaking, “[t]he statute of limitations for claims of negligence, wrongful death, survivorship, and negligent infliction of emotional distress is three years.” Estate of Woody v. Big Horn Cnty., 2016 MT 180, 9 9; § 27-2-204, MCA. ... Although the complaint was filed within the general three-year period for negligence claims, § 27-2-209(3), MCA, supersedes the general statute making the Estate’s complaint untimely.

Section 27-2-204 provides the three-year limitations period applied to § 1983 claims brought in Montana.

Tummarello v. State of Montana Department of Health and Human Services Child Support Enforcement Division · filed 2020-09-15

The Court agrees with Judge DeSoto’s determination that Tummarello knew of his injuries more than three years before filing this suit, and therefore his claims are barred by the statute of limitations.

Section 27-2-204(1) sets a three-year limitations period for personal injury actions, which applies to Section 1983 claims accruing in Montana.

Old-Horn v. City of Polson · filed 2020-09-30(1)

For section 1983 claims accruing in Montana, the three-year general personal injury statute of limitations applies. Blackburn v. Blue Mountain Women’s Clinic, 951 P.2d 1, 82 (Mont. 1989); see also Mont. Code Ann. § 27-2-204(1).

Section 27-2-204(1) sets a three-year limitations period for personal injury actions.

McAlpin v. Clem · filed 2021-05-06(1)

Montana's statute of limitations for personal injury actions is three years. Mont. Code Ann. § 27-2-204(1). ... As the factual allegations stand, they all arise in the 1990s and would be barred by § 1983’s statute of limitations.

Section 27-2-204 requires a personal injury action to be filed within three years after the claim accrues.

In re Asbestos Litigation Cases · filed 2021-06-09

An action for personal injury must be commenced within three years from the time that the claim or cause of action accrues.

Section 27-2-204(1) provides a three-year limitations period for personal injury actions, which applies to § 1983 claims in Montana.

Nickerson v. State of Montana · filed 2021-07-26(1)

In Montana, that period is three years after the action accrues. Mont. Code Ann. § 27-2-204(1).

Section 27-2-204 gives tort actions a three-year limitations period; continuing effects of an injury do not extend that period for a tortious interference claim.

McGowen Precision Barrels, LLC v. Proof Research, Inc. · filed 2022-10-28

Montana’s statute of limitations for tort actions is three years. ... Therefore, the statute of limitations on McGowen’s tortious interference claims expired no later than December 2020. ... The Court concludes, as a matter of law, the continuing tort doctrine does not apply, and McGowen’s tortious interference claim is time-barred.

Section 27-2-204 requires tort claims, including implied-covenant claims that sound in tort, to be brought within three years.

Cole v. Montana University System · filed 2023-05-04(1)

Mont. Code Ann. § 27-2-204 requires Hedtke and John to have brought their claims within three years of these dates.

Section 27-2-204 sets a three-year limitations period for personal injury and tort claims.

Thompson v. Sullivan · filed 2023-06-28

The district court properly dismissed as time barred Thompson’s fraud, negligence, § 1983, and civil RICO claims against Susan B. Swimley, Inc., and Susan B. Swimley (“the Swimley defendants”), premised on their drafting of Articles of Incorporation and other work for the CCCA. See Mont. Code Ann. § 27-2-203 (two-year statute of limitations for fraud claims); id. § 27-2-204 (three-year statute of limitations for personal injury and tort claims); TwoRivers, 174 F.3d at 991; Grimmett, 75 F.3d at 510. ... The claims thus are time barred.

Section 27-2-204(1) provides a three-year limitations period for personal injury claims, which the court applied to Title IX claims.

Cole v. Montana University System · filed 2023-10-23(1)

Montana law has established a three-year statute of limitations for personal injury claims. Mont. Code Ann. § 27-2-204(1); see Slice v. Schweitzer, 2008 WL 5435338, at *7 (D. Mont. June 5, 2008). ... The Court agrees that Berkhouse’s claims fall outside the three-year statute of limitations established by Montana law.

Tort actions are subject to a three-year limitations period.

Flynn v. Christian · filed 2023-12-22

Montana law provides that tort actions are subject to a three-year statute of limitations. See Mont. Code Ann. § 27-2-204. ... The Court determines that Flynn cannot invoke the discovery rule to toll the applicable Montana statutes of limitations. Flynn’s claims are barred.

Section 27-2-204(1) sets a three-year limitations period for personal injury actions.

Morrison v. Lynn-Kopp · filed 2025-05-12(1)

Montana's statute of limitations for personal injury actions is three years. Mont. Code Ann. § 27-2-204(1). Therefore, Morrison’s Complaint was filed too late.

Section 27-2-204(1) provides a three-year limitations period for personal injury actions, which applies to § 1983 claims brought in Montana.

Sullivan v. Yellowstone County · filed 2025-05-27(1)

Montana's statute of limitations for personal injury actions is three years. Mont. Code Ann. § 27-2-204(1). Sullivan’s Complaint was filed too late and should be dismissed on that ground.

Section 27-2-204(1) gives a plaintiff three years to file a negligence action.

McWilliams v. Clem · filed 1987-09-10(1)

The statute of limitations in an action for negligence is three years. Section 27-2-204 (1), MCA.

Section 27-2-204(1) provides a three-year limitations period for negligence claims, including claims for property damage when substantial doubt exists about which limitations statute applies.

Ritland v. Rowe · filed 1993-10-06(1)

For these reasons, we hold that the statute of limitations applicable to plaintiffs' claim is § 27-2-204(l), MCA, which pertains to claims based on allegations of negligence.

Section 27-2-204(1) gives plaintiffs three years to bring a negligence claim; the discovery rule may delay that period when the facts of the claim are self-concealing.

Blackburn v. Blue Mountain Women's Clinic · filed 1997-12-11(1)

Accordingly, we hold the District Court erred in concluding that, as a matter of law, § 27-2-204(1), MCA, precludes Blackburn’s claims of negligence, based on the withholding of accurate medical information, against the Blue Mountain Clinic and its counselor.

Section 27-2-204 provides a three-year limitations period for negligence claims.

Rafes v. Butts · filed 2021-09-07

Rafes’s negligence claim based on the allegation Butts was negligent for failing to obtain the engineering requirements to build the home in Montana is time-barred by the three-year limitation period provided in § 27-2-204, MCA.

Section 27-2-204(1) gives negligent misrepresentation claims a three-year limitations period.

Cechovic v. Hardin & Associates, Inc. · filed 1995-08-24(1)

Because negligent misrepresentation is couched in terms of negligence, we conclude that the three-year statute of limitations for negligence applies.

Section 27-2-204 gives plaintiffs three years to file a negligence claim.

Stevenson v. Massachusetts Mutual Life Insurance Company · filed 2025-08-13

Because Plaintiffs filed this action within the three-year limitation set out by Montana statute, Plaintiffs’ negligence claims are not time barred. See Mont. Code Ann. § 27-2-204.

Section 27-2-204(1) sets a three-year limitations period for negligence claims.

Nelson v. Forest River · filed 2026-04-13(1)

Nelson’s claim of negligence remains subject to a three-year statute of limitations.

Section 27-2-204(a) supplies a three-year limitations period for § 1983 claims brought in Montana.

Daniels v. Rosenquist · filed 2022-03-09(a)

A three-year limitations period applies to claims under 42 U.S.C. § 1983. See Soto v. Sweetman, 882 F.3d 865, 871 (9th Cir. 2018); Belanus v. Clark, 796 F.3d 1021, 1025 (9th Cir. 2015) (citing Mont. Code Ann. § 27-2-204(a)). Thus, even if Daniels could state claim under § 1983, it would be time-barred.

Section 27-2-204(1) sets a three-year limitations period for personal injury actions.

Johnson v. Ramirez · filed 2024-11-19(1)

Montana's statute of limitations for personal injury actions is three years. Mont. Code Ann. § 27-2- 204(1).

Section 27-2-204(1) sets a three-year limitations period for negligence actions.

Hughes v. Anderson · filed 2024-12-31(1)

The statute of limitations in Montana in an action for negligence is three years.

Section 27-2-204(1) provides a three-year limitations period for § 1983 claims filed in Montana.

Medina v. Graham · filed 2022-08-03(1)

The statute of limitations to a 42 U.S.C. § 1983 claim in Montana is three ... years and is applied by federal courts in Montana because § 1983 contains no ... statute of limitations.® ... Thus all claims are barred by the statute of limitations.

Section 27-2-204 imposes a three-year limitations period on a parent's wrongful death action for a child.

Barrett v. Soyland · filed 1986-04-22

Therefore, James’ cause of action for Brenda’s death remained intact subject only to the three year statute of limitations applicable to torts. Section 27-2-204, MCA.

Section 27-2-204(2) gives plaintiffs three years to commence a wrongful death action; when the deadline falls on a Sunday, it extends to the next working day.

Schaffer v. Champion Home Builders Co. · filed 1987-12-31(2)

The applicable statute of limitations for this action is § 27-2-204(2), MCA, which states: The period prescribed for the commence- ment of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years. Three years from the date of Hansen's death fell on Sunday, February 27, 1983. Therefore, the limitation period was extended to the next working day. The period expired on Monday, February 28, 1983.

Section 27-2-204(3) sets a two year limitation period for assault claims against law enforcement officers who are not sheriffs, coroners, or constables.

Rouse v. Anaconda-Deer Lodge County · filed 1991-09-11(3)

Thus, the two year statute of limitation contained in § 27-2- 204(3), MCA, applies to Rouse’s assault claim against Martelli, and it is thus barred.

Section 27-2-204(3) gives a person two years to file a defamation claim.

Montana Supreme Court Commission on the Unauthorized Practice of Law v. O'Neil · filed 2006-11-08(3)

The District Court correctly cited § 27-2-204(3), MCA, which provides that “[t]he period ... prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years.” Here, O’Neil did not file his third-party complaint against the Bar until November 19, 2002, two years and four days after the November 15, 2000 letter.

Section 27-2-204(3) sets a two-year limitations period for battery claims.

Bilbruck v. Valley County · filed 2024-06-26(3)

Montana law provides a specific statute of limitations of two years for battery. Mont. Code Ann. § 27-2-204(3).

Section 27-2-204(3) gives a battery claim a two-year limitations period, even when the claim is labeled negligence.

Klemann v. Ailes · filed 2024-08-09(3)

Under Montana law, “[t]he period prescribed for the commencement of an action for …battery…is within 2 years.” Mont. Code § 27-2-204(3). ... For the reasons outline above, to the extent Count 1 is based on allegations of sexual contact, it fails to state a claim for relief because it sounds in battery and is barred by the applicable two-year statute of limitations.

Section 27-2-204(1) gives a claimant three years to bring a bad-faith tort action; the period barred a claim filed more than three years after the alleged bad faith occurred.

Carl Weissman & Sons, Inc. v. United States Fidelity & Guaranty Co. · filed 1992-10-15(1)

We affirm the grant of summary judgment on the ground that section 27-2-204 barred the action. ... Assuming a bad faith claim may be maintained against Fidelity pursuant to its conduct under the general indemnity agreement entered into, it is apparent from Weissman's own allegations that the bad faith tort claim against Fidelity was in existence no later than 1976; yet he did not file the complaint until 1988, well outside the three year limitations period for such actions.

Section 27-2-204(1) gives a claimant three years to bring a common law bad faith claim.

Brewington v. Employers Fire Insurance · filed 1999-12-13(1)

We further conclude that the proper statute of limitation is three years, as provided in § 27-2-204, MCA.

Subsection (1) applies a three-year limitations period to common law insurance bad faith claims.

Rocky Dietz v. Geico General Insurance Co. · filed 2018-05-11(1)

“The statute of limitations for ‘bad faith’ or ‘breach of the covenant of good faith and fair dealing’ is the three-year statute applicable to torts, § 27–2–204(1), MCA.” Brewington v. Emp’rs Fire Ins. Co., 992 P.2d 237, 249 (Mont. 1999) (citation omitted). All the allegations in Dietz’s complaint for common law bad faith accrued on or before April 18, 2013. The district court properly found this claim was time-barred.

Section 27-2-204(1) gives common law bad faith claims a three-year limitations period.

Cooper v. State Farm Mutual Automobile Insurance Company · filed 2024-01-29(1)

A common law bad faith claim is subject to the 3-year statute of limitations applicable to torts. Mont. Code Ann. § 27-2-204(1); Brewington v. Employers Fire Ins. Co., 992 P.2d 237, 241 (Mont. 1999).

Section 27-2-204(1) gives common law bad faith and breach of the covenant of good faith and fair dealing claims a three-year limitations period.

Dzintars v. Fireman's Fund Insurance Company · filed 2024-09-30(1)

Mont. Code Ann. § 27-2-204(1) governs common law bad faith and breach of the covenant of good faith and fair dealing claims. ... The statute of limitation remains three years. ... Plaintiffs’ claims are not barred because the statute of limitation of three years has not run.

Section 27-2-204 sets a three-year limitations period for negligence and breach of fiduciary duty claims.

Shupak v. New York Life Insurance · filed 1991-03-05

The statute of limitation period for the negligence and breach of fiduciary duty claims is three years. Mont.Code Ann. § 27-2-204.

Section 27-2-204(1) sets a three-year limitations period for fiduciary duty claims.

Blixseth v. Glasser (In Re Yellowstone Mountain Club, LLC) · filed 2016-07-22(1)

Because the statute of limitations for the Club’s fiduciary duty claims is three years, Mont. Code Ann. § 27-2-204(1), the claims are not time-barred if they accrued after November 10, 2005.

Section 27-2-204 provides a three-year limitations period for breach-of-fiduciary-duty claims.

Credit Suisse v. Official Committee of Unsecured Creditors (In Re Yellowstone Mountain Club, LLC) · filed 2009-06-11

Mont.Code Ann. § 27-2-204 provides a three-year statute of limitations on claims for breach of fiduciary duty The parties disagree as to accrual.

Section 27-2-204 provides a three-year limitations period for a breach of fiduciary duty claim not founded on a written instrument.

Blixseth v. Kirschner (In Re Yellowstone Mountain Club, LLC) · filed 2010-08-16

MCA § 27-2-204 provides a three-year statute of limitations on claims “not founded upon an instrument in writing[,]” such as a claim for breach of fiduciary duty.

Section 27-2-204’s tort limitations period applies to a breach of fiduciary duty claim arising from a corporate officer’s alleged misuse of funds.

Johnson Farms, Inc. v. Halland · filed 2012-10-02

Consequently, whether the complaint raised a breach of fiduciary duty claim or one of conversion, its filing on June 11, 2009, was untimely pursuant to § 27-2-204, MCA, and § 27-2-207(2), MCA.

Section 27-2-204’s general three-year period does not apply to an attorney-deceit claim seeking treble damages; the specific two-year period for statutory penalties applies.

Barrett v. Holland & Hart · filed 1992-12-29(1)

The District Court pointed out that this statute contains specific provisions applying to this type of a cause of action and therefore concluded that the two-year period of limitation applied to the plaintiff’s claim, rather than the three year general tort statute *111advocated by the plaintiff. We agree with the conclusion on the part of the District Court.

Section 27-2-204’s three-year tort limitations period does not apply to a claim for breach of a union’s statutory duty of fair representation.

Helvey v. MEA-MFT · filed 2015-07-01

Accordingly, the District Court applied the limitation period for tort actions set forth in § 27-2-204, MCA, which prescribes a three-year limitation “upon a liability not founded upon an instrument in writing . . . .” ... Helvey therefore is correct that her complaint does not sound in tort. She is incorrect, however, in her assertion that her complaint was timely filed. Montana’s applicable statute of limitations for “a liability created by statute” is § 27-2-211(1)(c), MCA, which carries a limitation of two years.

Section 27-2-204 bars untimely claims based on an alleged fiduciary relationship with a mortgage servicer.

Bybee v. Bank of America, N.A. · filed 2019-04-18

At best, the facts demonstrate that the Bybees were in a fiduciary relationship with their prior mortgage servicer, but those claims are barred by the statute of limitations. See Mont. Code Ann. § 27-2-204 (2019).

Section 27-2-204(1)'s three-year personal injury limitations period does not govern U.C.C. breach of warranty claims, even when the claimed injury is personal.

Schlenz v. John Deere Co. · filed 1981-02-26(1)

Defendants argue that, even if LeVon Schlenz were deemed a party to the contract, this breach of warranty action for damages for personal injuries is governed by the general personal injury statute of limitations rather than by the Montana U.C.C. breach of warranty statute of limitations. ... In this court’s view, the better reasoned authority holds that all U.C.C. breach of warranty actions — regardless of the injury claimed — are governed by the four-year U.C.C. breach of warranty statute of limitations. This is the rule that this court predicts the Montana Supreme Court would apply.

Section 27-2-204(1) applies a three-year limitations period to claims that a professional performed contractual duties negligently without breaching a specific contract provision.

Tin Cup County Water v. Garden City Plumbing & Heating, Inc. · filed 2008-12-16(1)

The District Court correctly determined that the three-year statute of limitations for torts set forth at § 27-2-204(1), MCA, bars Tin Cup’s cause of action against DJA.

Section 27-2-204(1) sets a three-year limitations period for products liability tort actions.

Buhl v. Biosearch Medical Products, Inc. · filed 1985-12-18(1)

The applicable statute of limitations in a products liability case is § 27-2-204(1), M.C.A. (1985), which prescribes a three year limitation period for tort actions.

Section 27-2-204 sets a three-year limitations period for product liability claims in Montana.

Dalbotten v. C R Bard Incorporated · filed 2022-07-28

For product liability claims in Montana, the statute of limitations is three years. Mont. Code Ann. § 27-2-204.

Section 27-2-204(1) gives a secured creditor three years to bring a conversion claim against a purchaser of collateral.

Wheeler v. Valley Implement Co. · filed 1984-10-01(1)

The general tort statute of limitations in Montana bars claims after three years. § 27-2-204(1), M.C.A. ... Since the claims here are in no sense “actions upon a contract”, they are clearly barred as untimely.

Section 27-2-204(1) sets a three-year limitation period for a tort claim alleging breach of the implied covenant of good faith and fair dealing.

Tynes v. Bankers Life Co. · filed 1986-12-17(1)

A cause of action for breach of the implied covenant of good faith and fair dealing is a separate tort action, independent of the underlying contract. Nicholson v. United Pacific Insurance Co. (Mont. 1985), [219 Mont. 32,] 710 P.2d 1342, 1348, 42 St.Rep. 1822, 1827. Therefore, the applicable statute of limitations is that for a tort action, three years. Section 27-2-204(1), MCA.

Section 27-2-204(1) sets a three-year period for a negligence claim; fraudulent concealment can toll that period, but the plaintiff must show concealment of the injury.

Yellowstone Conference of the United Methodist Church v. D.A. Davidson, Inc. · filed 1987-09-10(1)

Section 27-2-204(1), MCA, provides: “The period described for commencement of an action upon liability not founded upon an instrument in writing is within three years.” ... Additionally, no evidence was presented to show that defendants fraudulently concealed the fact of injury. Much, 502 F.Supp. at 744. Plaintiff’s cause of action is barred by Section 27-2-204(1), MCA.

Section 27-2-204 sets a three-year limit for commencing an action for damages.

Livingston v. Livingston · filed 1988-06-28

Section 27-2-204, MCA, prescribes a limitation of three years for commencement of an action for damages.

Section 27-2-204 sets a three-year limit for negligence claims, including claims labeled as implied contract when their substance is negligence.

Erickson v. Croft · filed 1988-08-05

The gravamen of Count VII is fraud and negligence and the claim is time barred by S 27-2-203 and 5 27-2-204, MCA.

Section 27-2-204 sets a three-year limitations period for tort claims, measured from when the claim accrues.

Walstad v. Norwest Bank of Great Falls · filed 1989-12-20

The District Court also correctly found that any claim Nordak may have had against Norwest is barred by the statute of limitations, 5 27-2-204, MCA. All of the claims against Norwest are essentially tort claims. The proposed amended complaint was filed August 11, 1987. The cause of action against Norwest accrued at the time of the Agreement, August 25, 1983, more than three years before the proposed amendment.

Section 27-2-204 requires a personal injury action to be filed within three years after the claim accrues.

Kaeding v. WR Grace & Co.-Conn. · filed 1998-06-23

An action for personal injury must be commenced within three years from the time that the claim or cause of action accrues. Section 27-2-204, MCA. ... Kaeding did not file his complaint in the District Court until June 12, 1996. Accordingly, we hold that his claim is barred by the three-year statute of limitations.

A personal injury action must be filed within three years of accrual; a later diagnosis does not extend the deadline when the claimant already knew or should have known the cause of the injury.

Chriske v. State · filed 2010-07-13

An action for personal injury must be commenced within three years from the time that the claim or cause of action accrues. Section 27-2-204, MCA. ... The District Court was correct when it concluded as a matter of law that the statute of limitations had run by the time she filed her complaint.

Section 27-2-204 gives a plaintiff three years from accrual to file a common law wrongful discharge claim; the claim accrues when the employee receives notice of termination.

Walch v. University of Montana · filed 1993-10-06

We conclude, based on our decision in Martin, that plaintiff's cause of action, which was filed on September 5, 1989, accrued on August 6, 1986, and was barred by the statute of limitations found at § 27-2-204, MCA, which allows three years to file from the date on which the cause of action accrued.

Section 27-2-204(1) provides a three-year limitation period for malicious prosecution claims.

Jacobsen v. State · filed 1999-04-28(1)

Therefore, we conclude that the three-year limitation found at § 27-2-204(1), MCA, for general and personal injury tort actions applies to Jacobsen's malicious prosecution claims.

Section 27-2-204 provides a three-year limitations period for tort claims, including Montana trademark infringement claims when no more specific period applies.

Polar Bear Productions, Inc. v. Timex Corp. · filed 2004-10-25

In Montana, tort actions are governed by a three-year statute of limitations, unless a more specific statute of limitations controls. Mont.Code Ann. § 27-2-204; see also Powder River County v. State, 312 Mont. 198, 60 P.3d 357, 371-72 (2002). ... Absent any contrary indication from the Montana Supreme Court that a more specific statute of limitations applies to claims brought under Montana trademark law, we elect to apply the three-year statute of limitations to Polar Bear's claim.

Section 27-2-204 provides a three-year limitations period for a dram shop claim based on liability that existed at common law.

Filip v. Jordan · filed 2008-07-02

Accordingly, the three- year period of limitations provided in § 27-2-204, MCA, applies to this action and Filip timely filed his complaint.

Section 27-2-204(1)’s limitations period does not bar the State’s claim for compensation for use of riverbeds held in the public trust.

PPL MONTANA, LLC v. State · filed 2010-03-30(1)

PPL claims that statutes of limitations regarding trespass (§ 27-2-207(1), MCA), negligence (§ 27-2-204(1), MCA), liability created by statute (§ 27-2-211(l)(c), MCA), and action not founded upon contract or promise (§ 27-2-202(3), MCA), variously apply to bar the State’s claims for compensation. ... Furthermore, we agree with the District Court and the State that the statute of limitations defenses which are applicable in a normal civil suit do not apply here because the riverbeds are public trust lands under Article X, Section 11 of the Montana Constitution.