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KUDLOFF v. CITY OF BILLINGS

No. 93-046.

860 P.2d 140 (1993)

Don KUDLOFF, Plaintiff and Appellant, v. CITY OF BILLINGS, a political subdivision of the State of Montana; and Billie Krenzler, Marion Dozier, Betty Miller, Dan Farmer, John Michunovich, Charles Tooley, Owen Neiter, Ralph Stone, Richard E. Clark, and Norm Kolpin, all members of the City Council for the City of Billings, Montana; and James Van Arsdale, Mayor of the City of Billings, Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided September 21, 1993.

Attorney(s) appearing for the Case

Robert L. Stephens, R.L. Stephens, P.C., Billings, for plaintiff and appellant.

Leo S. Ward, Browning, Kaleczyc, Berry & Hoven, Helena, for defendants and respondents.

NELSON, Justice.

This is an appeal from two Memoranda and Orders of the Thirteenth Judicial District Court granting summary judgment to the defendants. We affirm.

We restate the issues on appeal as follows:

1. Did the plaintiff have standing to maintain a "wrongful annexation" action after he sold the real property at issue?

2. Has there been a violation of plaintiff's constitutional rights which would support a 42 U.S.C. § 1983 action...

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