Per the Montana Supreme Court ruling Tuesday in Corinne M. Franklin v. City of Missoula, municipal courts can't add local surcharges for violations of state law. The Billings class action lawsuit cites that ruling in its allegations.

Tuesday's state Supreme Court ruling led to a lawsuit in Missoula, where a woman who pleaded no contest to a misdemeanor in Missoula Municipal Court in 2017 is suing for a refund of that $25 surcharge. Her attorneys are also seeking to file a class action lawsuit to return that surcharge to everyone who has paid it since the resolution was passed more than five years ago.

The Billings lawsuit claims that anyone who has been convicted of or pleaded guilty to an offense in Billings Municipal Court and paid the $10 surcharge is eligible to join the suit.

Gurr's attorneys are seeking reimbursement for surcharges to him and other participants in the lawsuit, attorney fees for Gurr as the class action suit representative, payment of “a reasonable incentive award out of the common fund resulting in a successful recovery” for Gurr and any other relief deemed appropriate.