MC, Inc. v. Cascade City-County Bd. of Health
Annotate this CaseAt issue in this case were smoking structures built by the owners and operators of two casinos in Great Falls (“Casino Owners”). After the Cascade City-County Board of Health (Board) commenced enforcement steps against the Casino Owners under the Montana Clean Indoor Air Act (MCIAA), the Casino Owners initiated an action against the Board seeking a declaration that their smoking structures were in compliance with the MCIAA. The district court granted summary judgment to the Casino Owners and awarded attorney fees. The Supreme Court reversed remanded for entry of summary judgment in favor of the Board, holding (1) the MCIAA clearly delineates casinos on the statute’s list of public places wherein smoking is prohibited, and therefore, the district court erred in concluding that the smoking structures at issue were not subject to the smoking prohibition of the MCIAA; (2) the Casino Owners failed to establish that the Board was equitably estopped from enforcing the MCIAA; and (3) the district court improperly awarded the Casino Owners attorney fees.
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