# alGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA OP 22-0125
BELGRADE SCHOOL DISTRICT NO. 1,

Petitioner,

v. MONTANA FOURTH JUDICIAL DISTRICT COURT, The Honorable John W. Larson, presiding,

Respondent. 

# 1- APR 0 5 2022 Bowen Greenwood Clerk of Suprerne Court State of Montana 

### ORDER

By petition filed March 11, 2022, Belgrade School District No. 1 (School District) petitions this Court for exercise of supervisory control in the underlying matter of Western Montana Mental Health Center v. Belgrade School District, Cause No. DV-20-682, Montana Fourth Judicial District Court, Missoula County, for extraordinary review ofthe District Court's December 2, 2020 denial ofthe School District's Motion to Dismiss and subsequentFebruary 28,2022 Amended Orderregardingsummaryjudgment. SeeFebruary 28, 2022, Amended Order RegardingPlaintiff'sMotion forPartial Summary Judgment; Plaintiff's Motion for Summary Judgment on Counterclaim; and Defendant's Motion for Summary Judgment; December 2, 2020 Order DenyingDefendant'sMotionto Dismiss. The School District asserts that the court erroneously failed to grant its motion to dismiss and similarly failed to address disputed issues of law on summary judgment, instead improperly reservingthem for determination by ajury at trial. The School District assertsthat the underlyingplaintiffcan prove no set offacts to support its claims ofbreach ofcontract or breach ofimplied covenant ofgood faith and fair dealing, and that there are no disputed material facts, arguing that the only contested matters are purely legal issues related to the interpretation ofthe underlying contract. The School District asserts that exercise of supervisory control is warranted pursuant to M. R. App. P. 14(3)(a) and Stokes v. Mont. Thirteenth Judicial Dist. Ct., 04/05/2022

Case Number: OP 22-01252011 MT 182, 

## ¶¶ 6-8, 361 Mont. 279, 259 P.3d 754, on the asserted ground that the

District Court is proceeding under manifest mistakes oflaw for which ordinary appeal is inadequate and which will result in gross injustice. On those same grounds, the School District filed a subsequent motion on March 15, 2022, asking this Court to stay further underlying proceedings, namely the jury trial currently set for April 29, 2022, pendingresolution ofthis matter in this Court. By order filed March 17, 2022, we ordered a summary response from the District Court and/or underlying plaintiff Western Montana Mental Health Center (WMMHC). By subsequent motion •filed later that same day, the School District sought clarification of our order in regard to their associated request for a stay of proceedings below. Wehave notheretoforeresponded to the School District's staymotion becausethe response deadlines for theDistrict Court and/or WIVIIvIHC responses, whether in regard to the stay motion or the petition itself, had yet to expire. The District Court and WMMHC have now timely filed separateresponses in opposition. Exercise of supervisory control pursuant to M. R. App. P. 14(3)(a) and Stokes, 6-8 is proper only in our discretion upon a showing that the lower court is proceeding under manifest mistalce oflaw forwhich ordinary appeal is inadequate and which will thus result in gross injustice absent supervisory control. However, upon consideration ofthe School District's Petition, the separate Responses ofthe District Court and WMMHC, and their respective supporting documents, we find and conclude that the School District has failed to clearly demonstratethat theDistrict Court is proceedingunder a manifest mistake of law, not dependent on outstanding factual issues, and under circumstances rendering ordinary appeal inadequate. IT IS ORDERED therefore that the School District's above-referenced Petition for exercise ofsupervisory control, and associated motion for stay ofunderlying proceedings, are hereby DENIED. The Clerk ofthis Court is hereby directed to provide immediate notice ofthis Order toallcounsel ofrecord;theMontanaFourth JudicialDistrict Court intheunderlyingmatter 2

### of Western Montana Mental Health Center v. Belgrade School District, Cause No.

DV-20-682; and separately to the Honorable John W. Larson, presiding. DATED this 5th day ofApril, 2022.



## L.A 6/1

. 1:

Justices

3