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W.D. CONST., INC. v. BD. OF COUNTY COM'RS

No. 85-131.

707 P.2d 1111 (1985)

W.D. CONSTRUCTION, INC., Royal Village, Inc., W.E. Diteman and Lanora Diteman, Valley Bank of Belgrade, a Montana banking corporation, Mike N. Steiner, Elizabeth M. Steiner, Patricia M. Steiner, Mark Steiner and Montana Williams Double Diamond Corporation, a Montana corporation, Lillian E. Williams, its president, Defendants, Plaintiffs, Third Party Plaintiffs and Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY, Montana, Defendant, Third Party Defendant and Respondent.

Supreme Court of Montana.

Decided October 31, 1985.

Attorney(s) appearing for the Case

Nash, Wellcome, Frost, Guenther & Zimmer, Page Wellcome, Bozeman, for W.D. Const., Royal Village, W.E. Diteman, Lanora Diteman, Valley Bank of Belgrade.

McKinley Anderson, Bozeman, argued, for Mike Steiner, Elizabeth Steiner, Patricia Steiner & Mark Steiner.

Goetz, Madden & Dunn, William L. Madden, Bozeman, for Mont. Williams Double Diamond Corp., and Lillian E. Williams, President.

A. Michael Salvagni, Co. Atty., Landoe, Brown, Planalp, Kommers & Johnstone, Calvin Braaksma, argued, Joseph Sabol, Bozeman, defendant, third party defendant and respondent.

WEBER, Justice.

Plaintiff, Mark Steiner (Steiner), brought a negligence action against Gallatin County (County) and the Board of County Commissioners of Gallatin County (Commissioners) for damages allegedly arising when the Commissioners granted final approval of the plat of Royal Village Subdivision without requiring subdivision improvements or a bond guaranteeing such improvements. The Gallatin County District Court concluded that the County and Commissioners were...

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