MAJERS v. SHINING MOUNTAINS

No. 87-362.

750 P.2d 449 (1988)

Fred W. MAJERS and Cecila Majers, Donald R. Abrahamson and Louine W. Abrahamson, Thomas Tillman and Thomas Orcutt, Plaintiffs and Respondents, v. The SHINING MOUNTAINS, a California limited partnership, defendant and Appellant.

Supreme Court of Montana.

Decided February 16, 1988.


Attorney(s) appearing for the Case

Landoe, Brown, Planalp, Kommers & Johnstone, Steve Reida, argued, Bozeman, Jones & Hoffman, Chester Lloyd Jones, argued, Virginia City, for defendant and appellant.

Poore, Roth & Robinson, C. Richard Anderson, argued, and John P. Davis, argued, Butte, for plaintiffs and respondents.


HARRISON, Justice.

Defendant-Shining Mountains appeals from a District Court decision requiring it to provide and construct roadways throughout a subdivision located in Madison County and to pay reasonable attorney's fees to plaintiffs. We affirm and remand with instructions.

This appeal comes from a Madison County bench trial before the Honorable Frank M. Davis, which was concluded September 30, 1986. Defendant, "The Shining Mountains," a California limited...

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