Montana Supreme Court sides with out-of-state couple over Marshall Mountain dispute

In essence, the Montana Supreme Court agreed that the Missoula couple, Bruce and Kim Doering, breached a valid buy/sell contract they had with Spencer and Colette Melby.

The saga started back in 2021, when a Missoula hospital recruited Spencer Melby, a cardiovascular and thoracic surgeon, to move with his wife from Missouri to work here. 

The Melbys wanted to buy Marshall Mountain from the Doerings, who had owned the 156-acre property since 1993.

The agreed purchase price was $2.15 million.

As news of the potential sale got out around town, many local user groups, including mountain bike groups and the nonprofit Five Valleys Land Trust, began a campaign to bring awareness of how the property would no longer be accessible to the public, as it had been under the Doerings, if it were purchased by someone else.

On May 18, 2021, according to a civil lawsuit filed by the Melbys, Bruce Doering sent a revised contract for deed to the Melbys that included new language about a public access provision.

"Due to the historic use of the property by the public, sellers are granting the following listed groups, which includes but is not limited to Zootown Derailleurs, the National Interscholastic Cycling Association, MT Alpha Cycling, MTB Missoula, and MTCX for practice, races and other hosted events, an easement for any part of the 156 acres," the new language stated. "This easement may be rescinded by sellers at any time during the life of this contract."

The lawyers for the Melbys wrote back that “granting an easement to third party groups over virtually any and all parts of the property totally changes the nature and character of what the Melbys contracted to buy."

In response, the Doerings terminated a buy/sell agreement they had with the Melbys.

The Melbys sued in Missoula County District Court, alleging that the Doerings breached the contract by failing to close and that the Melbys had suffered damages.

The District Court granted partial judgment to the Melbys, but allowed the Doerings to appeal to the Montana Supreme Court, which they did.

Justice Beth Baker delivered the opinion of the Supreme Court on June 2 of this year.

"Because we hold that the Buy-Sell and Amendment constituted an independently enforceable agreement, and the Melbys do not otherwise challenge the District Court’s conclusions, we do not disturb the District Court’s determinations that Doerings materially breached and that Melbys were injured," Baker wrote. 

Four other justices signed Baker's opinion, and there was no dissent issued.

Bob Baldwin of Baldwin Law Firm in Bozeman represented the Melbys.

"It was gratifying that the Supreme Court saw fit to affirm the District Court's decision," he said. 

The case will now go back to the Missoula County District Court, where a judge will have to decide if the Melbys are granted the damages they are seeking.

After the contract with the Melbys was terminated, the Doerings agreed to sell Marshall Mountain to a nonprofit in Missoula. That nonprofit then later sold the property to Missoula County, and the land is public today.