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Lemond v. Yellowstone Development, LLC

Supreme Court of Montana

February 4, 2014

GREG LeMOND, an individual, Plaintiff and Appellee,
v.
YELLOWSTONE DEVELOPMENT, LLC, a Montana limited liability company; YELLOWSTONE MOUNTAIN CLUB, LLC, a Montana limited liability company; TIMOTHY BLIXSETH, an individual; OVERLOOK PARTNERS, LLC; and 395 LAMPE, LLC, Defendants and Appellants. 395 LAMPE, LLC, Counterclaimant and Appellant,
v.
GREG LeMOND, Counterdefendant, Appellee and Cross-Appellant.

ORDER

Appellee/Cross-Appellant Greg LeMond ("LeMond") has moved this Court to take Judicial Notice, pursuant to Rule 202, M.R.Evid., of the "Transcript of Proceedings Motion Hearing, " dated December 23, 2013, in a related United States District Court case. Appellants Tim Blixseth and Overlook Partners, LLC, oppose LeMond's motion.

As we stated in our November 19, 2013, order regarding LaMond's prior motion for judicial notice, M. R. Evid. 202(b)(6), allows a court to take judicial notice of law. We will not consider the contents of documents provided to give factual support for a party's position on appeal that is not record-based. In an appeal in an equity case, we are confined to a consideration of the evidence presented in the record. Section 3-2-204(5), MCA.

Therefore,

IT IS ORDERED that LaMond's second motion for judicial notice is TAKEN UNDER ADVISEMENT; we will give the subject transcript the appropriate consideration, if any, that it is due.

The Clerk is directed to provide copies of this order to all counsel of record.


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