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. 

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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 of the District Court's December 2, 2020 denial of the School District's Motion to 

Dismiss and subsequent February 28, 2022 Amended Order regarding summary judgment. 

See February 28, 2022, Amended Order Regarding Plaintiff's Motion for Partial Summary 

Judgment; Plaintiff's Motion for Summary Judgment on Counterclaim; and Defendant's 

Motion for Summary Judgment; December 2, 2020 Order Denying Defendant's Motion to 

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 reserving them for determination by a jury at trial. The School District 

asserts that the underlying plaintiff can prove no set of facts to support its claims of breach 

of contract or breach of implied covenant of good 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 of the 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 22-0125
2011 MT 182, ¶¶ 6-8, 361 Mont. 279, 259 P.3d 754, on the asserted ground that the 

District Court is proceeding under manifest mistakes of law 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, 

pending resolution of this 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. We have not heretofore responded to the School District's stay motion because the 

response deadlines for the District 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 separate responses 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 of law for which ordinary appeal is inadequate and which will thus 

result in gross injustice absent supervisory control. However, upon consideration of the 

School District's Petition, the separate Responses of the District Court and WMMHC, and 

their respective supporting documents, we find and conclude that the School District has 

failed to clearly demonstrate that the District Court is proceeding under 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 of supervisory control, and associated motion for stay of underlying proceedings, 

are hereby DENIED. 

The Clerk of this Court is hereby directed to provide immediate notice of this Order 

to all counsel of record; the Montana Fourth Judicial District Court in the underlying matter 

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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 of April, 2022. 

L.A6/1 . 1:

Justices 

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