STILLMAN v. FERGUS COUNTY

No. 85-174.

715 P.2d 43 (1986)

James A. STILLMAN and Julia A. Stillman, Plaintiffs and Appellants, v. FERGUS COUNTY, Montana, and City of Lewistown, Montana, both acting through their joint City-County Planning Board and Board of Adjustment, Defendants and Respondents.

Supreme Court of Montana.

Decided March 4, 1986.


Attorney(s) appearing for the Case

Torger S. Oaas, Lewistown, for plaintiffs and appellants.

Joseph P. Gilligan, Smith, Baillie & Walsh, Great Falls, Thomas P. Meissner, Lewistown, for defendants and respondents.


HUNT, Justice.

The Stillmans appeal from an order of the Fergus County District Court dismissing their complaint for damages as to defendant Fergus County. The dismissal was granted pursuant to Fergus County's Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted, and the court entered a final judgment pursuant to Rule 54(b).

Reversed.

The sole issue raised by appellants is whether the District Court properly...

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