75-1-111. Constitutionality -- venue, MCA

Montana Code Annotated 2025

TITLE 75. ENVIRONMENTAL PROTECTION

CHAPTER 1. ENVIRONMENTAL POLICY AND PROTECTION GENERALLY

Part 1. General Provisions

Constitutionality -- Venue

75-1-111. Constitutionality -- venue. (1) In an action filed in district court invoking the court's original jurisdiction to challenge the constitutionality of a licensing or permitting decision made pursuant to Titles 75 or 82 or activities taken pursuant to a license or permit issued under Titles 75 or 82, the plaintiff shall first establish the unconstitutionality of the underlying statute.

(2) A proceeding in district court to challenge an action taken pursuant to parts 1 through 3, 10, and 11 of this chapter must be held in the county where the activity subject to the proceeding is proposed to occur or will occur.

History: En. Sec. 2, Ch. 248, L. 2025.