Laurel CARED v. State of Montana
Laurel CARED v. State of Montana. Where the case stands, and available court filings you can read.
Where things stand
Updated Oct 29, 2026
On October 20, 2026, the court dissolved the August 26 preliminary injunction. The agencies are no longer barred by that injunction from taking actions toward construction. This order does not decide Laurel CARED's second injunction motion; the court says it will address that motion separately. The case continues.
- Aug 26: The court granted a preliminary injunction in part. It barred construction acts, including permitting and on-site work, and sent the State's Environmental Assessment back for more work on water supply issues. Off-site design work may continue.
- Aug 31 to Sept 18: The State published a revised Environmental Assessment, took public comment from Sept 1 to Sept 15, held a hearing on Sept 8, and signed a final assessment on Sept 18.
- Sept 18: The State asked the court to dissolve the injunction.
- Oct 2: Laurel CARED filed an amended complaint that asks the court to require an environmental impact statement. Alongside it, Laurel CARED filed a second motion for a temporary restraining order and preliminary injunction, arguing the revised assessment still does not comply with the Montana Environmental Policy Act (MEPA). Laurel CARED did not oppose the State's motion to dissolve the current injunction as it relates to the prior assessment. Laurel CARED asked the court to keep that injunction in place until the court ruled on the new restraining order and injunction request.
- Oct 5: The State filed its reply supporting dissolution and notified the court that the motion to dissolve was fully briefed.
- Oct 9: BOI added a legislative committee letter to the record. The committee urged Laurel to repeal Ordinance O26-03 and provide water service, and alleged disability discrimination. These are the committee's positions, not court findings.
- Oct 13: The State agencies opposed Laurel CARED's second injunction motion, defending the revised assessment and disputing the grounds for another injunction.
- Oct 16: The City of Laurel requested permission to participate as a friend of the court on utilities, infrastructure, municipal authority, and the environmental record. Laurel CARED consents; the State agencies oppose. The City takes no position on the injunction arguments. BOI and DPHHS also filed separate answers to the amended complaint, raising defenses and requesting dismissal with prejudice.
- Oct 20 ? court order: The court dissolved the August 26 injunction, finding that the agencies had sufficiently complied with that order. It weighed economic harm from continued delay and the statutory requirement to narrowly tailor relief. The order lifts that injunction's construction restrictions and leaves the second injunction motion for separate consideration. Read the order (Doc 63).
- Oct 20: Laurel CARED filed its reply supporting the second injunction motion. It argues that unresolved water and utility-service issues justify restricting construction and on-site activities while the court reviews the case; off-site planning and engineering could continue.
- Oct 27: The court granted the City of Laurel permission to file a friend-of-the-court brief, finding that the City's information about municipal utilities, annexation, and related issues will assist its review of the revised Environmental Assessment and the record. Laurel CARED consents; the State opposes. Read the order (Doc 68).
For the full sequence, including state and city actions, see the updated timeline.
Preliminary findings are not final rulings
When a court decides whether to pause a project while the case goes forward, it makes early, limited findings. These are called preliminary findings. They are not a final decision on who is right.
In the August 26 order, the court found that Laurel CARED was more likely than not to succeed on its claims about the State's water demand and pressure explanation, and about whether annexation is required for water service. On two other claims, emergency services and alternative sites, the court did not find at that stage that Laurel CARED was likely to succeed.
That does not mean those claims were decided against us. The court reviewed limited supporting documents on those claims, only to decide whether an injunction was needed. Arguments for summary judgment have not been made, and the court could still rule in Laurel CARED's favor on any claim.
This page is a plain-language summary, not legal advice. The filings below are the authoritative record.
Court filings
Montana 13th Judicial District Court, Yellowstone County, Cause No. DV-56-2026-0000855-DK, Hon. Ed Zink. Newest first. Each file opens as a PDF and can be downloaded.
- Oct 27, 2026 Doc 68 Court
Order Granting Leave to File Amicus Brief by City of Laurel
Grants the City of Laurel permission to file a friend-of-the-court brief. The court finds that the City's information about municipal utilities, annexation, and related issues will assist its review of the revised Environmental Assessment and the record. Laurel CARED consents; the State opposes.
- Oct 20, 2026 Doc 64 Laurel CARED
Reply in Support of Second Motion for TRO & Preliminary Injunction
Responds to the State's opposition, arguing that the revised Environmental Assessment still lacks adequate support for water demand, municipal capacity, water pressure, and options for obtaining utility service. Asks for a temporary restriction on construction and on-site activities while the court reviews the case.
- Oct 20, 2026 Doc 63 Court
Order Dissolving Preliminary Injunction
Dissolves the August 26 preliminary injunction, finding that the agencies sufficiently complied with that order. The agencies are no longer barred by that injunction from pursuing construction. This order does not decide Laurel CARED's second injunction motion, which the court says it will address separately.
- Oct 16, 2026 Doc 62 Montana Department of Public Health and Human Services
DPHHS Answer to Amended Complaint
Responds to the amended complaint, raises defenses, and asks the court to dismiss the complaint with prejudice.
- Oct 16, 2026 Doc 61 Montana Board of Investments
BOI Answer to Amended Complaint
Responds to the amended complaint, raises defenses, and asks the court to dismiss the complaint with prejudice.
- Oct 16, 2026 Doc 60 City of Laurel
Motion for Leave to File Amicus Brief and Brief in Support
Asks permission to address municipal utilities, infrastructure, authority, and the environmental record as a friend of the court. Laurel CARED consents; the State agencies oppose. The City expressly takes no position on the injunction arguments.
- Oct 16, 2026 Doc 59 City of Laurel
Motion to Appear
Asks to appear so the City can submit its request for permission to file an amicus brief.
- Oct 13, 2026 Doc 58 State of Montana (BOI and DPHHS)
Joint Response Opposing Second Motion for TRO & Preliminary Injunction
Defends the revised Environmental Assessment and disputes Laurel CARED's grounds for a second injunction. Asks the court to deny the motion.
- Oct 9, 2026 Doc 57 Montana Board of Investments
Notice of Filing Addition to Record (with Committee Letter)
Adds the October 9 legislative Long-Range Planning Interim Budget Committee letter to the court record. The committee urges Laurel to repeal Ordinance O26-03 and provide water service, and alleges disability discrimination. These are the committee's positions, not court findings.
- Oct 5, 2026 Doc 56 State of Montana (BOI and DPHHS)
Notice of Issue on Motion to Dissolve Preliminary Injunction
Notifies the court that the State's motion to dissolve the injunction is fully briefed and requests prompt consideration. This notice is not a ruling.
- Oct 5, 2026 Doc 55 State of Montana (BOI and DPHHS)
Reply Supporting Motion to Dissolve Preliminary Injunction (with Exhibit A)
Argues that the State complied with the August 26 order and asks for prompt dissolution. Includes Dan Villa's declaration about construction scheduling and estimated delay costs.
- Oct 2, 2026 Doc 54 Laurel CARED
Amended Complaint
Challenges the State's revised Environmental Assessment under the Montana Environmental Policy Act (MEPA) and asks the court for relief that includes an environmental impact statement.
- Oct 2, 2026 Doc 50 Laurel CARED
Brief in Support of Second Motion for TRO & Preliminary Injunction
Explains why Laurel CARED says the revised Environmental Assessment does not resolve the water supply issues.
- Oct 2, 2026 Doc 49 Laurel CARED
Second Motion for Temporary Restraining Order & Preliminary Injunction
Asks the court to enjoin acts in furtherance of construction while it reviews the revised Environmental Assessment.
- Oct 2, 2026 Doc 48 Laurel CARED
Response to the State's Motion to Dissolve Injunction
Asks the court to keep the current injunction in place until it rules on the second motion. Does not oppose the State's motion to dissolve it as it relates to the prior Environmental Assessment.
- Sep 18, 2026 Doc 45 State of Montana (BOI and DPHHS)
State's Motion to Dissolve Preliminary Injunction
The State asks the court to dissolve the August 26 injunction, saying it has complied with the order.
- Sep 18, 2026 Doc 46 State of Montana (BOI and DPHHS)
State's Brief in Support of Motion to Dissolve (with Exhibit A)
Filed with the motion. Exhibit A is the redline of the revised Environmental Assessment.
- Aug 26, 2026 Doc 35 Court
Order Granting in Part Preliminary Injunction
Enjoins construction acts, remands the Environmental Assessment on water supply issues, and requires a revised assessment and a new public participation opportunity.
- Jul 30, 2026 Doc 18 Court
Order Setting Hearing on Request for Preliminary Injunction
Sets the preliminary injunction hearing for August 10, 2026.
- Jun 25, 2026 Doc 2 Laurel CARED
Motion for Temporary Restraining Order & Preliminary Injunction
The first motion for preliminary relief, filed with the original complaint.
Transcript of the August 10, 2026 preliminary injunction hearing
Coming soon.
Official State documents
These are published by the State and are very large files, so we link to them rather than copy them.
- State HB 5 project website (hb5.mt.gov)
Official notices, environmental assessments and project documents.
- Final Environmental Assessment, signed September 18, 2026 (PDF)
The State's revised and final assessment, including Appendix K (response to public comment).