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KIMBLE PROPERTIES v. DEPT. OF STATE LANDS

No. 87-306.

750 P.2d 1095 (1988)

KIMBLE PROPERTIES, INC., a Montana corp., and Lloyd L. Kimble, Plaintiffs and Appellants, v. STATE of Montana, DEPARTMENT OF STATE LANDS and City of Billings, Defendants and Respondents.

Supreme Court of Montana.

Decided March 8, 1988.

Attorney(s) appearing for the Case

Moulton, Bellingham, Longo & Mather, Ward Swanser, Billings, for plaintiffs and appellants.

Lyle Manley, Dept. of State Lands, Helena, James L. Tillotson, City Atty., Billings, for defendants and respondents.

McDONOUGH, Justice.

Appellants appeal the motion for summary judgment granted by the District Court of the Thirteenth Judicial District of the State of Montana, Yellowstone County. Appellants initiated this action by petitioning the District Court for a Writ of Prohibition to prohibit the respondents, City of Billings (City) and the Department of State Lands (DSL) from taking any action to approve the final plat of the Continental Divide Subdivision. The respondents...

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