Braach v. Graybeal

1999 MT 234, 988 P.2d 761, 296 Mont. 138, 56 State Rptr. 919, 1999 Mont. LEXIS 239
CourtMontana Supreme Court
DecidedSeptember 29, 1999
Docket99-031
StatusPublished
Cited by28 cases

This text of 1999 MT 234 (Braach v. Graybeal) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Braach v. Graybeal, 1999 MT 234, 988 P.2d 761, 296 Mont. 138, 56 State Rptr. 919, 1999 Mont. LEXIS 239 (Mo. 1999).

Opinions

JUSTICE GRAY

delivered the Opinion of the Court.

¶1 Judy Braach (Braach) appeals from the order of the Third Judicial District Court, Granite County, denying her motion for attorney fees. We affirm.

¶2 The issue on appeal is whether the District Court erred in concluding Braach is not entitled to attorney fees in this action.

BACKGROUND

¶3 Braach was one of five duly elected members of the Board of Trustees (Trustees) for School District No. 1 in Granite County, Montana. In March of 1998, the other Trustees submitted a petition to the Clerk of the School District, T. Janelle Graybeal (Graybeal), requesting an election to determine whether Braach should be recalled from the office of Trustee. Graybeal reviewed the petition and approved it as complying with the form requirements set forth in §§ 2-16-616 and 2-16-617, MCA. The Trustees then circulated the petition to collect signatures of the School District electors, following which the Granite County Clerk and Recorder verified the signatures, Graybeal accepted the petition for filing and the recall election was scheduled for May 5,1998.

¶4 Braach filed a complaint in District Court alleging that Graybeal should not have accepted the petition because it was facially deficient and requesting the court to enjoin Graybeal from taking any further action with regard to the recall election. The District Court granted a temporary restraining order to stop the election and scheduled a hearing on Braach’s request for a preliminary injunction.

¶5 The p arties subsequently stipulated to the entry of a permanent injunction prohibiting Graybeal from proceeding with the recall election. Braach then moved the District Court for an award of attorney fees as the prevailing party in the action and the court denied the motion. Braach appeals.

[140]*140STANDARD OF REVIEW

¶6 Generally, a district court’s grant or denial of a motion for attorney fees is a discretionary ruling which we review to determine whether the court abused its discretion. See Goodover v. Lindey’s, Inc. (1992), 255 Mont. 430, 449, 843 P.2d 765, 776. Here, the District Court denied Braach’s motion for attorney fees based on its determination that there is no legal authority for such an award in this case. This underlying determination is a conclusion of law which we review to determine whether the court interpreted the law correctly. Kunst v. Pass, 1998 MT 71, ¶ 19, 288 Mont. 264, ¶ 19, 957 P.2d 1, ¶ 19.

DISCUSSION

¶7 Did the District Court err in concluding Braach is not entitled to attorney fees in this action?

¶8 It is well-established in Montana that, absent contractual or statutory authority, attorney fees generally will not be awarded. Goodover, 255 Mont. at 445, 843 P.2d at 774 (citations omitted). Braach concedes that no contract or applicable statute authorizes an attorney fees award in this case. Notwithstanding the absence of such authority, however, she argues entitlement to attorney fees as a matter of equity as the prevailing party in her action to enjoin the recall election proceedings. The District Court concluded that this case does not fall within the limited circumstances under which an equitable award of attorney fees is allowed in Montana. We agree.

¶9 We have held that a court, under its equity powers, may award attorney fees to make an injured party whole. Foy v. Anderson (1978), 176 Mont. 507, 511-12, 580 P.2d 114, 116-17. Such awards are to be determined on a case-by-case basis. Foy, 176 Mont. at 511, 580 P.2d at 117. In subsequent cases addressing the Foy “equitable” exception, however, we have expressly limited its applicability to situations where a party has been forced to defend against a wholly frivolous or malicious action. See, e.g., Youderian Const., Inc. v. Hall (1997), 285 Mont. 1, 15, 945 P.2d 909, 917; Newman v. Wittmer (1996), 277 Mont. 1, 12, 917 P.2d 926, 933; Tanner v. Dream Island, Inc. (1996), 275 Mont. 414, 429-30, 913 P.2d 641, 651; Holmstrom Land Co. v. Hunter (1979), 182 Mont. 43, 48-49, 595 P.2d 360, 363.

¶10 In the present case, Braach was not required to defend against a frivolous lawsuit. Rather, she initiated this action as the plaintiff. We specifically have held that attorney fees are not available under the Foy exception for parties who initiate legal action. See Youderian [141]*141Const., 285 Mont. at 15, 945 P.2d at 917; Newman, 277 Mont. at 12, 917 P.2d at 933; Tanner, 275 Mont. at 429, 913 P.2d at 651.

¶ 11 Braach asserts that, even though she initiated this action, she is in a situation similar to that faced by defendants forced to defend frivolous lawsuits because she was forced to bring this action to protect herself from a defective recall petition and had no other recourse. She cites State ex rel. Wilson v. Dept. of Natural Resources (1982), 199 Mont. 189, 648 P.2d 766, for the proposition that the designation of a party in a lawsuit is not necessarily dispositive.

¶ 12 In Wilson, property owners were forced to intervene in an action brought by Wilson against the Department of Natural Resources and Conservation in order to protect their rights to appropriate water from a creek. After the district court granted injunctive relief against Wilson, the intervenors sought and were awarded attorney fees. Wilson, 199 Mont. at 193, 648 P.2d at 768. We reversed the district court’s grant of attorney fees to the intervenors, but stated that “there is room within the Foy exception for those who reasonably find it necessary to intervene in a frivolous action, although not technically forced to become parties.” Wilson, 199 Mont. at 197, 648 P.2d at 770.

¶13 In Wilson, the intervenors were not defendants, but they found it necessary to become parties to an action brought by another person in order to protect their rights. They did not bring the action themselves, however. Thus, the intervenors found themselves in circumstances similar to those of defendants asserting a Foy-based entitlement to an equitable award of attorney fees. As stated above, Braach initiated this action requesting injunctive relief. She was not forced to intervene or otherwise become involved in a legal action initiated by another. Consequently, Wilson does not support her argument here. Moreover, parties bringing actions for injunctive relief to protect their own rights are not entitled to attorney fees under the Foy exception. See, e.g., Parker v. Elder (1992), 254 Mont. 270, 836 P.2d 1236; Newman, 277 Mont. at 12, 917 P.2d at 933. We conclude that Foy’s narrowly defined “equitable” exception to the general attorney fees rule is not applicable in the present case.

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Bluebook (online)
1999 MT 234, 988 P.2d 761, 296 Mont. 138, 56 State Rptr. 919, 1999 Mont. LEXIS 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braach-v-graybeal-mont-1999.