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SANDERS v. SCRATCH GRAVEL LANDFILL DIST.

No. 90-505.

814 P.2d 1005 (1991)

James Paul SANDERS and Kathy Sanders, Plaintiffs and Appellants, v. SCRATCH GRAVEL LANDFILL DISTRICT and Does One Through Ten, Defendants and Respondents.

Supreme Court of Montana.

Decided July 15, 1991.

Attorney(s) appearing for the Case

Carl A. Hatch, Small, Hatch, Doubek & Pyfer, Helena, for plaintiffs and appellants.

Mike McGrath, County Atty., Lewis and Clark County, Helena, for defendants and respondents.

HARRISON, Justice.

James and Kathy Sanders appeal from an order of the District Court of the First Judicial District, Lewis and Clark County, Montana, granting the motion of Scratch Gravel Landfill District to dismiss their suit. The District Court held that Scratch Gravel Landfill District was immune from suit. We reverse and remand to the District Court.

The issue is whether the District Court erred in determining that, as an agent of a legislative body...

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