2-1-604. Standing — venue — notifications. (1) The attorney general has standing to bring a civil action under this part to compel compliance by a state agency or local government.

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Terms Used In Montana Code 2-1-604

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Local government: means a municipality, a county, or a consolidated city-county government. See Montana Code 2-1-601
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • State agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government. See Montana Code 2-1-601
  • Venue: The geographical location in which a case is tried.

(2)An action under this part must be instituted in the state district court for the county in which the local government or state agency is located.

(3)If a court of competent jurisdiction finds that a local government has violated the provisions of this part, the attorney general shall notify the coal board provided for in 2-15-1821 and the department of commerce for the purpose of compliance with 90-6-209 and 90-6-710. If the attorney general finds that the local government comes into compliance with the provisions of this part, the attorney general shall certify to the coal board and the department of commerce that the local government is no longer in violation of the provisions of this part.