Montana Title 25. Civil Procedure § 25-10-711. Award of costs against governmental entity when suit or defense is frivolous or pursued in bad faith

(1) In any civil action brought by or against the state, a political subdivision, or an agency of the state or a political subdivision, the opposing party, whether plaintiff or defendant, is entitled to the costs enumerated in 25-10-201 and reasonable attorney fees as determined by the court if:

(2) Costs may be granted pursuant to subsection (1) notwithstanding any other provision of the law to the contrary.