Legals for February, 18 2024

| February 18, 2024 12:00 AM

NO. 30016 NOTICE OF CLASS ACTION Beck, et al. v. City of Whitefish Case No. CV 22-44-M-KLD United States District Court for the District of Montana THIS IS A NOTICE OF CLASS ACTION LITIGATION THAT MAY AFFECT YOUR RIGHTS IF YOU BORE THE COST OF WATER AND/OR WASTEWATER IMPACT FEES PAID TO THE CITY OF WHITEFISH TO DEVELOP PROPERTY YOU OWNED UNDER ITS EFFECTIVE RATES FROM JANUARY 1, 2019, TO DECEMBER 31, 2023. The United States District Court for the District of Montana in the Missoula Division (the “Court”) authorized this notice but has not yet decided on the merits of the claims made in the above-referenced litigation. • In Montana, impact fees are charges “imposed upon development by a governmental entity as part of the development approval process to fund the additional service capacity required by the development.” Montana Code Annotated Section 7-6-1601(5). • The City of Whitefish (the “City”) charges impact fees for development within Whitefish city limits, including new construction, remodels, and renovations. The City conditions its issuance of building permits on payment of these fees, if applicable. • In 2022, several persons and entities (the “Plaintiffs”) who had paid impact fees to the City to develop their properties filed this lawsuit claiming that, since 2019, the City has charged excessive water and wastewater impact fees in violation of the United States Constitution and Montana law. • On September 29, 2023, the Court entered an order allowing the lawsuit to proceed as a class action. • A class action is a case in which one or more persons sue on behalf of other people who have substantially similar claims. Those people together are a “Class” and anyone within the Class is a “Class Member.” • The Court has defined the Class in this lawsuit as: All persons or entities who bore the cost of impact fees for water and wastewater services to the City of Whitefish from January 1, 2019, to the present. • The Court has appointed the Plaintiffs’ lawyers in this lawsuit as Class counsel to represent the interests of the entire Class. • Class Action Notice letters are being sent out to potential Class Members who owned property for which water and/or wastewater impact fees were paid between January 1, 2019, to December 31, 2023, and whose last known mailing address could be obtained. If you believe you or your company is a potential class member and you did not receive a mailed or emailed notice letter, please contact the Class counsel whose information is provided at the end of this notice. OPTIONS AND LEGAL RIGHTS OF POTENTIAL CLASS MEMBERS: 1. If you so request, by completing and submitting a “CLASS OPT OUT FORM” on or before March 18, 2024, the Court will exclude you from the Class, and therefore from this litigation. 2. If you do not opt out of the Class, you will remain a potential Class Member. The final judgment, whether favorable to the Class Members or against them, will be binding on all Class Members who do not opt out of the Class by requesting exclusion. 3. As a potential Class Member, more information may be required of you to determine your eligibility to receive refunds for any impact fee amounts ultimately deemed unlawful by the Court. Please complete and submit a “CLAIM INFORMATION FORM” to receive updates on the lawsuit and ensure you can be easily contacted if more information is needed from you. 4. Any Class Member who does not opt out of the Class will be bound by any judgment rendered by the Court, whether favorable to the Class or the City. Class members may still choose to acquire their own lawyer to represent their interests in this lawsuit. ***Forms can be found and completed online at http://montanaimpactfeeclassaction.com CLASS COUNSEL CONTACT INFORMATION Email info@montanaimpactfeeclassaction.com Laird Cowley, PLLC Phone: (406) 541-7400 Mailing Address: P.O. Box 4066 Missoula, MT 59806 Attorneys: Cory Laird Lindsay Mullineaux Riley Wavra Kovacich Snipes Johnson, PC Phone: (406) 500-5000 Mailing Address: P.O. Box 2325 Great Falls, MT 59403 Attorneys: Mark Kovacich Caelan Brady A class action website with more information on the lawsuit and important case filings is also being maintained at http://montanaimpactfeeclassaction.com. Jan. 21, 28 and Feb. 4, 11, 18, 25 and March 3, 10, 2024 MNAXLP __________________________

NO. 30077 PUBLIC NOTICE INVITATION TO BID Polson School District #23 Cherry Valley and Linderman Elementary Schools Remodel & Addition Project Swank Enterprises on behalf of Polson School District #23, Lake County, Polson, Montana is requesting Bids for the Cherry Valley and Linderman Remodel & Addition Bid Package Two. This project will take place through the Fall of 2024 and consists of building finishes, mechanical, plumbing, electrical, and site improvements for 28,000 sf of additions, and remodeling of the existing buildings. The building shells for both additions are currently under construction and will be dried in April 2024. Bid Package TWO – Building Finishes, Mechanical, Plumbing, Electrical, Site Improvements, The Contract Documents consisting of Drawings and the Project Specification Manual will be available February 12, 2024. Documents may be viewed or obtained on-line at the Montana Plans Exchange or at the office of Swank Enterprises, 750 West Reserve Drive, Kalispell, MT. It is the bidder’s responsibility to acquire and acknowledge all addenda issued during the bid process. Bids will be accepted by: 1. Email to leaann@swankenterprises.com 2. Delivered to Lea Ann Noffsinger, Swank Enterprises, 750 W. Reserve Dr. Kalispell, MT 59901. Bids are due before 3:00 PM (local time), Thursday, February 29, 2024. Bids must be plainly marked, “Cherry Valley and Linderman Remodel & Addition Bid Package Two” All Bids must be submitted on the Bid Form found in the Specifications, complete per the Bid Package descriptions and signed by an officer or a person duly authorized to sign Bids. All Bids shall be valid for a period of 45 days after the bid date. Late Bids will not be opened. Access to the existing buildings prior to bidding will be made available upon request. All bids shall include the cost of the following: 1. 1% Montana Gross Receipts Construction Tax 2. Current Montana State Prevailing Wages 3. Permits specific to the bid scope of work Each Contractor will be required to have a certificate of registration from the Employment Relations Division of the Montana Department of Labor and Industry in the proper classification. Polson School District reserves the right to reject any or all Bids, to waive formalities and to accept the Bid(s) deemed most advantageous to them. All bids will be post-qualified by Swank Enterprises. Please contact Swank Enterprises with questions. Grant Kerley Swank Enterprises 750 West Reserve Drive Kalispell, MT 59901 grant@swankenterprises.com Feb. 11, 18, 25, 2024 MNAXLP __________________________

NO. 30079 CITY OF COLUMBIA FALLS NOTICE OF PUBLIC HEARING AMEND TITLE 13 – WATER/SEWER UTILITY ACCOUNT PROVISIONS On Tuesday, February 20, 2024, during the 7:00 p.m. Regular City Council meeting, the City Council of the City of Columbia Falls, shall conduct a public hearing for the purpose of reviewing and revising the water/sewer customer provisions, specifically Chapter 13.04.020 Definitions, 13.04.050 Service-Application, and 13.04.090 Deposits – Generally, and 13.08.060 Service Deposits, all of which are related to allowing customer accounts to be transferred out of the owner’s name and established in the name of a renter. The City Council is proposing revising these provisions to require the water/sewer utility account to remain in the name of the owner and not be transferred to a renter thereby eliminating excessive paperwork, deposits, multiple meter reads and duplicative billing and notices. The proposed changes are available for review at the office of the City Clerk, City of Columbia Falls 130 6th Street West, Columbia Falls, MT. Persons may contact the City Clerk or City Manager at 406-892-4391 or 130 6th Street West, Columbia Falls, MT for more information about the hearing. Written comments can be submitted to the City Clerk at 130 6th Street West, Columbia Falls, MT 59912, email: staalandb@cityofcolumbiafalls or delivered in person to the City Council during the hearing on February 20, 2024. Dated this 5th day of February 2024. Barb Staaland City Clerk Feb. 11, 18, 2024 MNAXLP __________________________

NO. 30084 C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W., P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In The Matter of The Estate of: Diane Marie Wiggin, Deceased. Cause No. DP-24-24C NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must be either mailed to Robert G. Torgerson, the personal representative, by certified mail, return receipt requested, c/o Hash, O’Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED this 7th day of February 2024. /s/ Robert G. Torgerson Personal Representative Hash, O’Brien, Biby & Murray, PLLP By /s/ C Mark Hash Attorneys for the personal representative Feb. 11, 18, 25, 2024 MNAXLP __________________________

NO. 30085 C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W., P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In The Matter of The Estate of: Lydia Ann Eastburn, Deceased. Cause No. DP-24-13A NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must be either mailed to Cecelia M. Eastburn, the personal representative, by certified mail, return receipt requested, c/o Hash, O’Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED this 7th day of February 2024. Cecelia M. Eastburn Personal Representative Hash, O’Brien, Biby & Murray, PLLP By C Mark Hash Attorneys for the personal representative Feb. 11, 18, 25, 2024 MNAXLP __________________________

NO. 30096 District Court Judge Flathead County Justice Center 920 South Main Kalispell, Montana 59901 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN RE THE MARRIAGE OF Sonya Hymas, Petitioner, and Eric Wright Respondent. Cause No. DR-22-451 A ORDER TO SHOW CAUSE It appearing from the Petitioner’s accompanying Application for Hearing on Contempt that the Respondent may have failed to comply with certain Provisions ordered in the Decree or Order Filed on November 15, 2022, in the Eleventh Judicial District, Kalispell, Montana; IT IS HERBY ORDERED that the parties appear before this Court in the Flathead County Justice Center, 920 South Main, Kalispell, Montana, on Tuesday, the 5th day of March, 2024, at 8:30 a.m. and the Petitioner/Respondent show cause, if any he/she has, why he/she is not contempt of Court for failing to comply with the terms of the Decree or Order as set forth in the Application for Hearing on Contempt. Both Petitioner and Respondent must be present at said hearing. IT IS FURTHER ORDERED that a copy of the Application for Hearing on Contempt, Affidavit, and a copy of this order to Show Cause shall be served upon Eric Wright, Respondent, in person or via local publication, not less than fourteen days prior to said hearing. DATED this 9th day of February, 2024. /s/ Amy Eddy District Court Judge Feb. 16, 18, 19, 2024 MNAXLP __________________________

NO. 30097 Legal Notice Partial Bond Release and Comprehensive Five-Year Bond Review for Jesson Rock-nRanch, LLC (Hard Rock Mining Operating Permit No. 00176) The Department of Environmental Quality (DEQ) has received a request for bond release from Jesson Rock-n-Ranch, LLC (Jesson). Jesson is authorized to operate a hard rock mine for decorative stone and rock products Operating Permit No. 00176. The site is on private lands in Section 30, Township 2 South, Range 6 East, approximately eight miles west of Livingston, MT in Park County. DEQ currently holds a reclamation bond in the amount of $15,000. DEQ is proposing to release $8,757 and retain $6,243 after both releasing bond for reducing the maximum number of allowable disturbance acres and increasing the bond as a result of a comprehensive bond review. The bond release was requested by Jesson in the form of a permit revision request to better align the amount of bond held with the amount of disturbance generated by Jesson’s operation. DEQ has determined the reduction in maximum allowable disturbed acres would decrease the currently required bond by $11,250, resulting in a required bond of $3,750. In addition to the request for bond release, DEQ is conducting a comprehensive bond review for Operating Permit No. 00176. DEQ has determined that the current bonding level does not represent the present costs of compliance with the Metal Mine Reclamation Act, administrative rules adopted thereunder, and the operating permit. DEQ is proposing to increase the bond by $2,493. The bond increase is largely due to changes in fuel price, equipment rates, removal of nonmobile site equipment and updated indirect costs such as mobilization, contingency, and administration. DEQ has determined the net effect on the bond from the release request ($11,250) and increase as a result of the five year comprehensive review ($2,493) is a bond release of $8,757. The procedure for adjusting bonds as a result of a comprehensive bond review is set forth in Section 82-4-338(3), MCA. Pursuant to Section 82-4-338(5), Montana Code Annotated (MCA), DEQ may not release or decrease a reclamation bond until the public has been provided an opportunity for a hearing and a hearing has been held if requested. The company and the public will have until March 19, 2024, to comment on these proposed changes to the bond amount. DEQ will issue a final bond determination after the comment period has expired. The company, or any person with an interest that may be adversely affected by DEQ’s final bond determination, may obtain a contested case hearing before the Board of Environmental Review. A written request for a hearing must be filed with DEQ within 30 days of the issuance of the final bond determination, stating the reason for the request. Requests for copies of the bond calculation associated with the comprehensive bond review, and any related questions should be directed to Millie Olsen, Acting Supervisor - Hard Rock Mining Section, Mining Bureau, Department of Environmental Quality, PO Box 200901, Helena, MT 59620-0901, by telephone at (406) 444-2461 or by e-mail at DEQHardRock@mt.gov. Feb. 18, 2024 MNAXLP __________________________

NO. 30100 C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. West P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In the Matter of the Estate of: Catherine Marie Richter, Deceased. Cause No. DP-24-36(C) Notice to Creditors NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must be either mailed to Edward J. Richter, Personal Representative, by certified mail, return receipt requested, c/o Hash, O’Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED: February 14, 2024. Edward J. Richter Personal Representative HASH, O’BRIEN, BIBY & MURRAY, PLLP C. Mark Hash Attorneys for the Personal Representative Feb. 18, 25 and March 3, 2024 MNAXLP __________________________

NO. 30101 C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W., P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In The Matter of The Estate of: Gerald Alan Meerkatz, Deceased. Cause No. DP-24-37(A) NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed person-al representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must be either mailed to Tori E. Meerkatz, the personal representative, by certified mail, return receipt requested, c/o Hash, O’Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED this 12th day of February 2024 Tori E. Meerkatz Personal Representative Hash, O’Brien, Biby & Murray, PLLP By C Mark Hash Attorneys for the personal representative Feb. 18, 25 and March 3, 2024 MNAXLP __________________________

NO. 30104 Karl K. Rudbach HASH, O’BRIEN, BIBY & MURRAY, PLLP 136 First Avenue West Kalispell, MT 59901 Telephone: (406) 755-6919 karl@hashlaw.com Attorneys for Per Grimm Storli MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In the Matter of the Estate of Probate No. DP-23-356(D) WINNIFRED STORLI, Deceased. NOTICE OF HEARING ON COUNTER PETITION FOR FORMAL PROBATE OF WILL, DETERMINATION OF TESTACY AND HEIRS AND APPOINTMENT OF PERSONAL REPRESENTATIVE NOTICE IS HEREBY GIVEN that Per Grimm Storli of 2237 MT HWY 28, Hot Springs, MT 59845, has filed in the above Court and cause a Counter-Petition for the formal probate of the July 13, 2023 Will of Winnifred Storli, deceased, for determining testacy and heirs, and for the appointment of Per Grimm Storli as Personal Representative of said Will and estate. For further information, the Counter-Petition, as filed, may be examined in the office of the clerk of the above Court. Hearing upon said Counter-Petition will be held on Tuesday, the 2nd day of April, 2024, at 3:30 o’clock p.m., on the third floor of the Flathead County Justice Center, Flathead County, Montana. All interested persons may appear and object at said hearing. DATED this 15th day of February, 2023. /s/ Karl K. Rudbach Attorneys for Counter-Petitioner Feb. 18, 25 and March 3, 2024 MNAXLP __________________________