Montana

Montana State University doesn't owe students tuition from Covid-19 closures • Daily Montanan

Published

1 year ago

August 9, 2024

Montana State University doesn't owe students tuition from Covid-19 closures • Daily Montanan

Montana State University doesn’t owe a student any refunds from tuition or fees when it shut down in-person education in response to the Covid-19 pandemic, the Montana Supreme Court said in an order this week.

MSU did have an “express contract,” one stated in words, with Anthony Cordero, who had sued the Bozeman university alleging it should have paid him back when it transitioned to distance learning.

But the institution never promised a complete in-person education, and it didn’t promise to never shut down the campus if it had a good reason to do so, the justices said.

Cordero had, “at most, a presumption” of in-person education, but MSU retained its right to respond to emergencies, the Supreme Court said.

Additionally, MSU is governed by the Board of Regents, which has full authority in the Montana Constitution to supervise all campuses.

“We cannot fathom upholding a prorated refund of tuition and fees for MSU being forced to close due to inclement weather that prohibits classes, which frequently occurs due to Montana winters,” the order said. “Here, Cordero was never deprived of classes, which were still conducted, albeit online.”

The District Court had found there was no express contract between Cordero and MSU — contrary to the findings of the Supreme Court — and also no “implied contract.”

However, in a unanimous decision by a five-judge panel, the Supreme Court said the overall conclusion the lower court reached in favor of MSU was still correct because MSU didn’t breach “contractual duties with respect to tuition.”

Adrian Miller, a lawyer at Sullivan Miller who represents Cordero, said MSU should have done better for students.

“It is disappointing that the Supreme Court does not believe MSU had an obligation to provide even a prorated refund for services and facilities that were unavailable during its COVID campus closure,” Miller said in an email. “We respect the Supreme Court’s decision, but students deserve better from the university.”

MSU spokesperson Tracy Ellig, however, said the order affirms the university’s actions during the emergency.

“The court’s ruling speaks clearly,” Ellig said in an email. “This ruling vindicates the university against these unfounded claims and reinforces that the university did everything in its power to provide education to students fairly and effectively during the pandemic.”

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After Covid-19 hit the country in 2020 and many campuses closed, lawsuits popped up from students alleging various campuses owed them refunds. But courts came to different conclusions.

“Because this is a matter of first impression in Montana, we note other jurisdictions have considered nearly identical agreements between students and universities,” the Montana justices said. “Across the country, the precedent varies with some jurisdictions finding there to be enough evidence to maintain a claim for a contract, and others finding insufficient evidence to maintain a claim for a contract between student and university.”

Cordero never disputed MSU had the right to halt in-person instruction. However, he alleged he shouldn’t have had to pay MSU the same amount, some $19,901 that semester, according to the order, including many fees, for online classes.

As part of his argument, Cordero pointed to numerous marketing materials from MSU that show students making friends in residence halls, working together in labs and the library, and engaging in other community activities.

He alleged those materials reflected a commitment from MSU that included in-person education, but the Supreme Court disagreed.

The materials he provided don’t create a contract, the justices said. Rather, the language “informs students they have access to opportunities on campus,” which aren’t a promise in a contract, the order said.

“Although he did not get the experience he expected to get during the final half of the Spring 2020 semester, Cordero still progressed in his academic program and was able to graduate,” the order said.

The Supreme Court said Cordero doesn’t get any of his fees back either. It said even though the fitness center was temporarily closed, it was maintained, and even though the library was closed, its online services were available, for example.

“Mandatory fees are charged to everybody as a condition of enrollment, and they do not promise anything in return, according to MSU,” the order said.

It said MSU may have encouraged students to go home, but it also made accommodations for students who decided to stay on campus, “including keeping its campus operational so that students could progress and complete their academic programs.”

In its order, the Supreme Court also disagreed that MSU was “unjustly enriched” by keeping tuition and fees from students without giving them their expected benefit. It said Montana law doesn’t allow recovery under “unjust enrichment” if the parties have a written contract.

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Montana

Montana State’s Brent Vigen says he’s staying as Bobcats football coach

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6 hours ago

November 27, 2025

Press Room

Montana State’s Brent Vigen says he’s staying as Bobcats football coach

Montana State University football coach Brent Vigen announced Wednesday he is staying in Bozeman.

The Bobcat coach, who led his team to a second consecutive Big Sky Conference title this season, wrote on social media that he spoke with the school’s athletics director, Leon Costello, and chose to remain in place.

“I’m honored for the opportunity to keep leading this team and to continue this journey as the head football coach,” Vigen wrote in a statement posted on Montana State social media platforms.

Vigen recently earned his third Big Sky Coach of the Year award after leading the Bobcats to the No. 2 seed in the upcoming FCS playoffs. The Cats will play the winner of the Yale-Youngstown State game on Dec. 6 in Bozeman.

According to multiple media reports, Vigen was a finalist for the head coaching job at Oregon State University.

At Montana State, Vigen has compiled 57-12 overall record, including a 37-3 record in Big Sky play. He guided the Bobcats to the FCS national championship game in 2024.

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Former judge-elect in northwest Montana pleads guilty to felony drug charges

Published

2 days ago

November 25, 2025

Press Room

Former judge-elect in northwest Montana pleads guilty to felony drug charges

KALISPELL, Mont. — A former northwest Montana judge-elect has pleaded guilty to three felony drug charges and agreed to a three-year deferred sentence after admitting he arranged to buy cocaine while working as a criminal defense attorney and running for district judge.

Kenneth Britton “Britt” Cotter of Polson entered guilty pleas in Lake County District Court to one count of solicitation to commit criminal distribution of dangerous drugs and two counts of attempted criminal possession of dangerous drugs, all felonies, under an acknowledgment and waiver of rights and plea agreement filed Nov. 21 in the 20th Judicial District. The case is assigned to District Judge Jennifer Lint.

Cotter was elected without opposition in November 2024 to the 20th Judicial District seat, which covers Lake and Sanders counties, but has since resigned the judgeship. In the plea document, Cotter states he reviewed the investigative file and potential penalties, understands his trial rights and waives them as part of the agreement.

Under the deal, prosecutors and Cotter will jointly recommend that he receive a three-year deferred imposition of sentence on each count, to run concurrently, allowing the felonies to be dismissed if he complies with all conditions. The agreement notes Cotter originally faced a maximum of 25 years in prison and a $50,000 fine on the solicitation charge and up to five years and $5,000 on each possession count.

The plea agreement requires Cotter to submit to a new chemical dependency evaluation, complete any recommended treatment, abstain from alcohol, marijuana and illegal drugs absent a prescription, and avoid bars and marijuana dispensaries. He must also cooperate with the Montana Office of Disciplinary Counsel regarding his law license, comply with any probation and monitoring conditions, avoid contact with witnesses, submit a DNA sample and pay prosecution costs, surcharges and fees tied to pretrial drug testing and preparation of a presentence investigation report.

The state’s earlier affidavit in support of filing the charges describes a series of text messages and Venmo payments between Cotter and a Jane Doe between March 2022 and late 2022 that investigators say show him repeatedly arranging to buy cocaine, including payments of $900 and $1,200 labeled as “legal fees” and “work.” It also recounts a November 2024 interview in which Flathead County District Court Judge Amy Eddy told agents Cotter admitted to her that he had bought cocaine from Jane Doe “a long time ago” and said he stopped when he decided to run for judge, adding that he did not want to embarrass the judiciary.

Cotter previously had been ordered to appear for arraignment Jan. 8, 2025, after the state sought leave in December 2024 to file the information formally charging him. The governor’s office received notice of the impending vacancy in the 20th Judicial District in late December; current Judge John Mercer, appointed after Judge Deborah Kim Christopher resigned in April 2024, serves through Jan. 5.

Cotter’s sentencing is set for January 9, 2026.

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Montana’s Capitol Christmas tree harvested near Seeley • Daily Montanan

Published

3 days ago

November 24, 2025

Press Room

Montana’s Capitol Christmas tree harvested near Seeley • Daily Montanan

Most years, the tallest Christmas tree harvested in Montana, as far as the Daily Montanan is aware, takes up residence under the Capitol rotunda in Helena for the holiday season, towering nearly three stories tall and adorned with more than 3,500 lights.

On Monday, as Gov. Greg Gianforte looked on, foresters felled this year’s Capitol Christmas tree in the Lolo National Forest.

Near Seeley Lake, a Good Neighbor Authority project between the state Department of Natural Resources and Conservation and the U.S. Forest Service provided an active forest management site to harvest the Douglas Fir that will serve as the state’s Christmas tree, all while contributing to the health of the forest.

“Each year, it’s a privilege to bring a tree from our public lands into the state capitol for all to enjoy,” Gianforte said in a statement. “Through the Good Neighbor Authority, the State of Montana and the Forest Service work together to actively manage our forests and improve their health. This year’s tree is an example of the good work happening to reduce fire risk in Montana.”

A spokesperson for the governor’s office said they didn’t know how tall the Douglas Fir was, but will have a better idea once it’s installed in the rotunda.

The Capitol Christmas tree is selected from a different parcel of public land around the state each year. Similarly, the U.S. Capitol in Washington, D.C., displays a Christmas tree harvested from a different National Forest each year. The last tree from Montana — a 79-foot tall Engelmann Spruce from the Kootenai National Forest — was selected in 2017.

This year, a 53-foot red fir named Silver Belle all the way from the Humboldt-Toiyabe National Forest in Nevada arrived in D.C. over the weekend to become the nation’s Capitol Christmas Tree.

Montana has a long history of producing commercial Christmas trees.

At its height in the middle of the last century, northwest Montana was shipping more than 4 million trees to homes around the country, earning the town of Eureka the nickname “Christmas Tree Capital of the World.”

Now, Montana doesn’t rank in the top 20 states for growing commercial trees, with just 6,338 cultivated trees harvested in 2022, according to the U.S. Department of Agriculture.

However, following the governor’s lead, Montanans are able to harvest trees from the state’s vast public lands — data that is not available from state or federal agencies — creating a tradition for many Montana families.

The 2025 State Capitol Christmas tree will displayed in the Capitol rotunda throughout the holiday season. The governor and first lady invite Montanans to join them at the Capitol for a tree lighting ceremony on Monday, Dec. 1, at 5 p.m.

The governor encourages Montanans to participate in the unique tradition of harvesting Christmas trees from public lands to benefit forest health and resiliency as well as improve wildlife habitat.

Cutting any trees on state trust land requires a permit from the local DNRC field office. The cost is $10 per tree. To find a local DNRC field office to secure a permit in person to harvest a Christmas tree, see the map here.

Montanans can also harvest trees from National Forest land with a $5 permit, though some restrictions on height and species apply to trees from federal land.

Forest Service permits can be obtained online by visiting recreation.gov and searching “Christmas tree” and the forest you plan to cut it from, i.e. “Flathead National Forest, Lolo National Forest.”

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