Beebe v. Bridger Creek Subdivision, 2015 MT 183 (June 30, 2015) (Cotter, J.) (5-0, aff’d & rev’d)
Issue: (1) Whether the district court properly granted judgment to Beebe, and (2) whether the district court properly awarded costs and fees to Beebe.
Short Answer: (1) Yes, and (2) no.
Judgment affirmed, attorneys’ fees and costs reversed
Facts: Beebe is a member of the subdivision Community Association. He sued for declaratory judgment, alleging the Association bypassed an approval procedure laid out in the covenants and bylaws when it used maintenance funds for constructing a trail adjacent to the subdivision. Beebe argued the project was a capital improvement subject to a special assessment, not a maintenance assessment, and that the Association did not follow the procedure for special assessments.…