Montana
On second thought: Montana Supreme Court decides not to give attorneys' fees to groups • Daily Montanan
As tensions between two of three Montana branches of government continue to simmer, the Montana Supreme Court reconsidered its position on awarding attorneys’ fees in a case of unconstitutional laws brought by the 2021 Legislature. And, it essentially overturned itself, this time agreeing not to award attorneys’ fees.
It is a rare example of the state’s highest court rehearing a matter it had decided, and late last week, the court fractured into at least four distinct camps on the case, which not only dealt with attorneys’ fees, but also examined the powers of the the Montana University System Board of Regents and the Montana Legislature.
The group consisted of 15 people or groups, including the Montana Federation of Public Employees, the state’s largest union, the Faculty Senate of Montana State University and Mae Nan Ellingson, one of the living original members of the 1972 Constitutional Convention. They had originally sued for a declaration that House Bill 349, 112, 102 and portion of Senate Bill 319 were illegal. They all dealt with higher education in some form, although those bills, which have been struck down, were not the basis of the Supreme Court decisions.
The new decision comes as Montana Senate Republicans launch a committee that is looking at ways to reshape the state’s judiciary. A similar committee was convened in 2021 by Republican leaders in the Legislature, and was the topic of heated political disagreements as the Republicans charged the state’s courts were both opaque and overstepping their boundaries. Meanwhile, Democrats defended the courts, saying they were simply doing their job, evaluating new laws against the state’s Constitution.
The new committee is comprised of Republican lawmakers, and Democrats have vowed to boycott the proceedings.
On Friday, the Montana Supreme Court changed course and decided against awarding attorneys’ fees to groups that brought a suit contending that four bills violated the Montana Constitution. All three of the bills were struck down by a Gallatin County District Court judge, and some of the court’s decision was appealed. However, upon re-examination, the Supreme Court sided with the district court that the Legislature’s actions had overstepped the constitutional provision that gives the Montana University Board of Regents administrative and policy power over the public universities and colleges.
Much of the Supreme Court’s very divided opinion didn’t deal with the subjects of the lawmakers’ bills, which were found to be unconstitutional; rather the high court pivoted to whether a group of university students and professors had the power to bring the lawsuit, and whether they were entitled to recouping attorneys’ fees.
When the Supreme Court originally decided the case, it overturned district court Judge Rienne McElyea’s decision not to award attorney’s fees. The Supreme Court previously argued that because the district court had said the laws were brought in bad faith, meaning the Legislature should have known they violated the Constitution, the groups’ were entitled to attorneys’ fees.
However, upon reconsideration, the Supreme Court was unable to come to enough of a consensus to obtain agreement on the issue of attorneys’ fees, so McElyea’s original decision stands; that means the groups will no longer get attorney’s fees from the state.
On second thought…
The Supreme Court’s decision was one of the more complex decisions, with justices agreeing and disagreeing with each other simultaneously. Five of the seven justices said the groups that originally filed the lawsuit had legal standing to do so.
Meanwhile, Justices Jim Rice and Dirk Sandefur disagreed, in part, saying that the lawsuit should have been brought by the Montana University Board of Regents because they are charged, by the Montana Constitution, with oversight and administration of the university system. They reasoned that if laws passed by the Legislature were problematic, it should have been the regents who responded.
Other justices said that because university students, staff and professors would be affected by the laws that they had legal standing to bring the lawsuit.
“The Board (of Regents)’s failure to initially challenge the subject legislation for whatever reason and its intervening prolonged inaction overwhelmingly demonstrate the necessity for private enforcement,” said Justice Ingrid Gustafson, who wrote parts of the opinion. “The actual student plaintiffs here, who were threatened with actual discrimination, cannot be forced to wait indefinitely for the board to assert its own independence.”
Arguably the most consequential portion of the ruling centered on the issue of attorneys’ fees. Ultimately, the high court ruled that while Montana state law allows attorneys’ fees to be awarded to groups or individuals that successfully sue the government for unconstitutional laws, under a legal theory known as the “private attorney general doctrine,” those fees are discretionary, not mandatory.
The court then reconsidered the findings of McElyea, and some justices reasoned that while there were several points that could have triggered an attorneys’ fees award, it was discretionary so the finding of lower court should be upheld.
However, in the opinion written by Justice Gustafson, and joined by Laurie McKinnon, both said that they still found that not only had the Legislature acted in bad faith when passing the laws, but that it could be argued that the Board of Regents should have fought back against the Legislature’s encroachment on their authority. Furthermore, the groups should be awarded the attorneys’ fees for essentially having to do someone else’s job.
“While we need not make a judicial determination of bad faith in this case, there are indications where one could question whether the state was not entirely acting in good faith by defending all of the bills at issue here. One such indication is that the state did not even brief any merits defense for two of the three challenged bills after the district court declared them unconstitutional. Yet the state, in its zeal to impose unconstitutional legislative enactments against the board and the Montana University System, continue to assert the plaintiffs could not even bring the claim against those laws the state concedes are unconstitutional.”
They also argued that the groups should be awarded attorneys’ fees for actually vindicating rights found in the Montana Constitution, namely those of the Board of Regents’ and its authority over the university system.
“Attorney fees are proper because of the process through which the unconstitutional bills came to be: Patently unconstitutional bills adopted through the willful disregard of constitutional obligation,” the Gustafson-McKinnon opinion said. “Assessing fees when plaintiffs successfully challenge legislation which came about through such unconstitutional means may serve to deter wrongdoing in the first place.”
Meanwhile, Chief Justice Mike McGrath and Justices Beth Baker and James Jeremiah Shea said that while the court could have awarded attorneys fees, that there are many factors that could have triggered the award, and the court would not second-guess the district court because the award is not mandatory.
“As noted by the district court, there was an independent entity of state government here who could have enforced its constitutional authority — the Board of Regents. The board is often willing and able to defend its constitutional authority. Plaintiffs here did not make the necessary showing that the board was unwilling or able, for whatever reason, to challenge these laws,” McGrath wrote.
Finally, Sandefur and Rice didn’t discuss the merits of the case or attorneys’ fees because they argued that the group shouldn’t have legal standing in the case, and that the only group with standing was the Board of Regents.
“Such decisions are inherent to the ‘full power, responsibility, and authority to supervise, coordinate, manage and control the Montana University System,’ and necessarily should be made exclusively by the board itself, not by an amorphous group of surrogates,” said Rice and Sandefur.
Reversal attorneys fees
The Ole’ Mercantile is a busy place by Grass Range, Montana, standards.
The community of roughly 125 people sits along a long, lonely network of two-lane highways connecting Billings with points north along Montana’s Hi-Line.
For drivers pushing toward Lewistown, Malta or Glasgow, the store’s lights are often the first sign of anything for miles.
Of late, they may also offer a chance of identifying the person driving a truck local women say is stalking these roads.
Owner Krista Manley told Cowboy State Daily her store is outfitted with a top-of-the-line camera system that offers a 360-degree view with no blind spots. Four overlapping cameras capture her property, the Wrangler Bar and the full stretch of Highway 87 frontage running through town.
Fergus County investigators now hope that footage — and Manley’s willingness to comb through hours of it — can help identify the driver of a newer white Ford four-door pickup with dark tinted windows, no front license plate and a chrome grill guard.
The truck is at the center of the most recent reported highway stalking incident.
Lizette Lamb, a 48-year-old traveling health care worker, says she was nearly run off the road the evening of April 10.
Now a growing chorus of similar accounts from women across north-central Montana are popping up on social media.
At The Ole Merc
Travis Lamb, Lizette’s husband, took to Facebook to post about what happened to his wife on one of the loneliest stretches of highway in Montana.
Travis told Cowboy State Daily Lizette pulled into the Ole’ Merc Conoco in Grass Range between 7 and 8 p.m. to grab a drink. She later remembered a pickup was backed in alongside the cafe: a newer white Ford four-door.
“Kind of gave her the heebie-jeebies,” he said. “My wife has worked in a prison and stuff like that, so she’s used to kind of going with her gut.”
She bought a drink, got back in her Ford Bronco Sport and headed north on Highway 19 toward Glasgow.
About a mile and a half down the road, she realized the white pickup was behind her. Through the dark tint, she could make out the silhouettes of two men.
She slowed down and edged toward the shoulder to let them pass. They slowed with her. She sped up. They sped up.
By the time she reached Bohemian Corner 23 miles up the road, Travis Lamb said, his wife knew something was wrong.
There were no other vehicles in the lot, so she didn’t bother pulling in. She tried to call Travis. No service.
She tried 911. The phone beeped, displayed a red message and disconnected.
Truck Gets Aggressive
The white truck continued to shadow Lizette along Highway 191. About two miles from where the road crosses the Missouri River, coming into a construction zone, the pickup got aggressive.
Travis said the truck rode so close to the Bronco’s bumper that his wife could no longer see its windshield, only the grille.
Then it pulled out as if to pass and swerved into her, he said, in what he described as an attempted PIT maneuver — the law-enforcement technique of clipping a fleeing vehicle’s rear quarter to spin it out.
PIT stands for Precision Immobilization Technique, and this tactic is used to stop a fleeing vehicle by forcing it to turn sideways, causing the driver to lose control and stop.
“She was fortunate, kind of timed it to when they went to turn into her and hit her, she sped up,” Travis Lamb said. “And they missed.”
That’s when Lizette Lamb pulled her Springfield XDM 9mm pistol out of the center console. She didn’t point it, but she made sure they could see it.
The white pickup hit its brakes, threw a U-turn in a spray of dust and gravel, and headed back toward Grass Range.
The Video
“I thank God that it did happen to her and not somebody else, because I know my wife is more than capable of defending herself,” said Travis Lamb, an Iraq War combat veteran, who eventually reached out to Manley at the Ole Merc.
Then, when Manley reviewed the surveillance video from the Merc’s camera system, she found no sign of a white Ford truck.
“We have not found evidence of them at our store or at the three businesses that come along the highway right there,” Manley said. “That doesn’t mean it didn’t happen.
“My default is to absolutely believe women, and she (Lizette) was, she was rattled.”
Manley holds a Ph.D. in cognitive psychology and ran the research team at Procore Technologies before going into business for herself.
When reviewing the video, Manley logged the times Lizette arrived and left, and then watched the highway for an hour after.
“We’re absolutely not arguing the authenticity of the report in any way, shape or form,” said Manley. “In my previous life before I had the store, I actually was a memory and cognition researcher. I understand how stress impacts memory.”
The Echoes
Travis Lamb’s Facebook post went off like a flare.
He tallied 36 accounts of similar experiences in roughly the same swath of country stretching across prairie and badlands in one of the least populated parts of Montana.
The pattern in many of the comments was consistent enough to be unsettling: a white pickup, often a Ford, sometimes with out-of-state plates, tailgating women on isolated stretches of two-lane after dark.
One commenter described being followed by a white truck north of Grass Range three years ago around 10 p.m., tailgated with brights on at more than 80 mph until the truck peeled off in a different direction.
Another described a white Ford pickup near Harlowton trying to force her to stop, then waiting for her at a gas station. Another recalled a white pickup with North Dakota plates in the same area.
In Wyoming, one poster described two men in a white truck with Washington plates on Highway 120 between Cody and Meeteetse who tailgated her, tried to push her off the road, then cut in front and slammed on the brakes.
Other women described different vehicles — a dark Escalade, a small white car, a black double-cab — but the same script: tailgating, refusing to pass, brake-checking, dead zones with no cell service.
Easter Night
One name in that Facebook thread was Joni Hartford of Lewistown, who told Cowboy State Daily she had her own near-identical encounter on Easter evening just days before Lizette Lamb’s.
Hartford, who works in insurance, had dropped off some belongings to her son, a football player at Rocky Mountain College in Billings.
She stopped at a gas station on her way out of town “for a pop,” climbed back into her red 2014 Ford F-150 and headed north on Highway 87 around 7:30 or 8 p.m.
“I noticed it right after I left Billings,” Hartford said of the pickup behind her. “It was right behind me and I kept thinking, ‘God, this vehicle is super close.’”
About 15 miles out of town, past the racetracks, she pulled toward the white line and slowed to 60 mph on a long straightaway, hoping the truck would go around. It wouldn’t.
“He was so close behind me, I couldn’t see his taillights, but I could see his marker lamps on his mirrors, his tow mirrors,” Hartford said. “So I knew it was a Ford pickup, and I knew it was like a three-quarter or a 1-ton. It was a big pickup.”
She couldn’t make out the color in the dark. She called her husband.
“I said, ‘This pickup is tailgating me,’ and said, ‘It’s really kind of making me nervous, because if I had to stop for a deer, it would run me over. It would run me off the road,’” Hartford said.
“And he goes, ‘Well, just stop.’ And I said, ‘I am not stopping. I’m in the middle of freaking nowhere,’” she added.
She made it through Roundup with the truck still on her bumper.
North of town, climbing toward Grass Range, Hartford caught a lucky break with an Amish buggy sluggishly clapping up a blind hill and slowing traffic.
“I darted around the Amish buggy, right before the blind hill, and he couldn’t get around them, and I just gunned it, and I was going probably 90 mph just to put space between us,” Hartford said. “I never seen him again.”
Hartford carries a .380 pistol. She had it out and on the seat. She didn’t show it — between the dark and her tinted windows, she wasn’t sure the driver behind her would have seen it anyway.
When Lamb’s post crossed her Facebook feed, Hartford said the parallels stopped her cold.
“It’s the same exact situation,” she said. “I can’t say for certain it was the same person, but it sure seems like it was the same person.”
Hartford said she believes the driver is hunting for circumstance: single women, after dark, on a corridor he knows is desolate and short on cell coverage.
“They’re targeting them at gas stations,” she said. “That’s the only place they could have found me, because it’s the only place I’ve stopped.”
The Candidate
Penny Ronning, cofounder and president of the Yellowstone Human Trafficking Task Force, had a similar drive in 2022.
She remembers it as the only time in nearly a year of solo campaign travel across 41 Montana counties that she felt afraid.
Ronning, then a Democratic candidate for U.S. Congress, was driving from Billings to Havre for a campaign event.
Instead of taking the interstate, she chose the back roads — north out of Winifred on Highway 236, a route that runs about 30 miles of gravel through some of the most remote country in the state before dropping into the Missouri River Breaks, which Ronning compared to a Montana version of the Grand Canyon.
As she entered the gravel, a four-door white pickup with blacked-out windows pulled in behind her.
“That was what made it frightening,” Ronning said. “It was that I was followed.”
Ronning, who has spent years working on human trafficking policy and prevention, was careful to push back on the framing that has circulated on Facebook around the Lamb case — that the white-pickup encounters are likely abduction attempts tied to trafficking networks.
“Human trafficking is the use of force, fraud or coercion to compel a person into commercial sex acts or labor against their will,” Ronning said. “Just because someone is being followed, that doesn’t rise to the level of human trafficking.”
The most prevalent form of human trafficking in the United States, she said, is familial trafficking, one family member trafficking another.
In Montana, she said, labor trafficking is also common in construction, nail salons, illicit massage businesses, hospitality and domestic servitude in pockets of high-end real estate.
Sex trafficking almost always begins with someone the victim knows.
The Watch
Back in Grass Range, every white pickup that rolls past the four-corner blinking light is now turning heads.
Manley said her store has worked closely with the Fergus County Sheriff’s Office on past incidents, and her cameras are essentially a standing resource for investigators.
She also said the response on social media has dismayed her, commenters questioning whether these highway stalking incidents happened at all, or suggesting Grass Range itself isn’t safe.
She believes her store, and others like it in remote pockets of Montana, are informal refuges.
“We’ve all been there, whether it’s in a snowstorm or where we’re just uncomfortable driving like this where we’re just like, ‘Oh my gosh,’ you see the big lights and you’re like, there’s a beacon of safety, essentially,” Manley said.
She said that her eyes are open to potential threats along the isolated highways connecting Grass Range to the rest of the world.
“We know that it is a highway that has a reputation for, you know, trafficking, drug moving, all of those different things, and that’s why we are as diligent as we are,” said Manley. “We really care about the safety of our community, our employees, and our customers.”
Manley remains in contact with the Lambs.
“She told me, ‘I’m not going to quit looking,’” said Travis, explaining how Manley is arranging for the Lambs to review the footage themselves.
Travis figures that perhaps, “Instead of a white Ford, maybe it’s a tan Dodge.”
He added, “I’m hoping somebody’s like, ‘I know that pickup.’ That’s what I’m praying for.”
So is Lizette, who told Cowboy State Daily, she’s thankful for the response to her story. She’s also thankful she was traveling with her sidearm.
“Unfortunately, that’s the world we live in now. You know, Montana, in the middle of nowhere,” said Lizette, who encouraged anyone else with similar encounters to come forward.
“This is just a reminder that it is happening,” she said. “It is real.”
David Madison can be reached at david@cowboystatedaily.com.
The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at April 18, 2026, results for each game:
Winning Powerball numbers from April 18 drawing
24-25-39-46-61, Powerball: 01, Power Play: 5
Check Powerball payouts and previous drawings here.
Winning Lotto America numbers from April 18 drawing
18-21-22-32-42, Star Ball: 10, ASB: 03
Check Lotto America payouts and previous drawings here.
Winning Big Sky Bonus numbers from April 18 drawing
10-16-29-31, Bonus: 13
Check Big Sky Bonus payouts and previous drawings here.
Winning Montana Cash numbers from April 18 drawing
06-08-09-20-22
Check Montana Cash payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
When are the Montana Lottery drawings held?
- Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Mega Millions: 9 p.m. MT on Tuesday and Friday.
- Lucky For Life: 8:38 p.m. MT daily.
- Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
- Big Sky Bonus: 7:30 p.m. MT daily.
- Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Montana Cash: 8 p.m. MT on Wednesday and Saturday.
- Millionaire for Life: 9:15 p.m. MT daily.
Missed a draw? Peek at the past week’s winning numbers.
This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.
Montana
Between Bozeman And Billings Is Montana’s One-Of-A-Kind Historic Mill Filled With Cheese – Islands
Montana may be well known as a top destination for nature enthusiasts and adventure seekers thanks to its outdoor activities like hiking and paddling, but there are some unique foodie gems to be found here, too. One of the best ways to experience Montana’s local food scene is with a visit to Greycliff Mill, between Bozeman and Billings. Here, you can discover a one-of-a-kind cheese attraction along with a number of other things to see on site during your visit to Big Sky Country.
Greycliff Mill is housed in a restored 1760s barn, which features a water-powered gristmill and pretty scenery like ponds framed by rock formations. You may see bison wandering the site — there are five that live here. You may also catch a glimpse of a 10-foot-tall bear, but no need to panic as it’s only a statue, carved by a chainsaw. The pretty cafe, a mix of modern and rustic decor, serves from a menu that includes coffee, milkshakes, and pastries, plus paninis like “The Cattleman” and breakfast sandwiches like the “Sheepherders Sandwich.” Book in advance for a special farm-to-table dinner in the evening — these are only offered on select dates throughout the year, and may sell out. But one thing you shouldn’t miss here is the cheese cave.
Discover Greycliff Mill’s cheese cave
Greycliff Mill has an underground cheese cave, which is a must-see on any visit. It’s possible to see experts making artisan cheeses while you learn about the cheesemaking process and sample a few products. The cheese is aged in the cave at a temperature of 50 degrees with 85% humidity to create the perfect environment for a tasty product. It’s possible to buy some cheese at their market — which also sells seasonal produce, bread, and lots of other Montana-made products.
Besides the food-based spots, Greycliff Mill is also home to a small wool-weaving studio, and there are accommodations if you want to spend the night in restored log cabins or reclaimed farm silos. Greycliff Creek Ranch offers horseback rides and a chuckwagon dinner for more authentic Montana experiences. Whether you’re visiting especially to see the cheese cave, or road tripping and need a break, Greycliff Mill is a quirky and special spot. One Google reviewer summed up the experience well, praising the “amazing rustic atmosphere,” and saying, “I stopped for a coffee and ended up staying just to enjoy the view. Great coffee, peaceful place, and such a unique spot. Definitely worth the stop if you’re driving through Montana.”
Greycliff Mill is between Bozeman and Billings, the largest city in Montana and surrounded by natural beauty. It’s almost equidistant between the two cities — 1 hour to Bozeman and 1 hour to Billings. The closest major airport is Billings-Logan International Airport, although Bozeman Yellowstone International Airport, Montana’s mountain gem of an airport, is also a convenient option.
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