Class D Application of Big Foot

Opinion

07/27/2021

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 21-0249

DA 21-0249 „ijj JUL 27 2021 Bowen Greenwood Clerk of Supreme Court State of Montana

IN THE MATTER OF the Class D Application of Big Foot Dumpsters & Containers, LLC ORDER Application for Class D Garbage Service between all points and places within Flathead County.

Appellee Montana Public Service Commission (PSC) has moved to dismiss the appeal filed by Appellant/Petitioner Evergreen Disposal, Inc., and Appellant/Intervenor NorthWestern Energy, Inc., in this matter on the grounds that the case is moot. Evergreen and NorthWestern object to this motion, arguing that the very issue before the Court on appeal is whether the Order on Motion to Dismiss, in which the First Judicial. District Court, Lewis and Clark County, granted dismissal of the case on the grounds that the matter was moot, should be overturned. Evergreen and NorthWestern urge this Court to allow the issue to be fully briefed, rather than to be summarily dismissed. Given that the very issue on appeal is whether the case is moot, we agree that Appellants should be allowed to fully brief their arguments. THEREFORE, IT IS ORDERED that the motion to dismiss is DENIED. DATED thisari- day of July 2021.

Chief Justice iS2 4 Ael Justices