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CITY OF KALISPELL v. FLATHEAD COUNTY

No. 93-069.

859 P.2d 458 (1993)

CITY OF KALISPELL, a municipal corporation, Plaintiff and Appellant, v. FLATHEAD COUNTY, a political subdivision of the State of Montana, and the Flathead Board of County Commissioners, Defendants and Respondents, Josephine Siderius, Intervenor and Cross-Appellant.

Supreme Court of Montana.

Decided August 31, 1993.

Attorney(s) appearing for the Case

Glen Neier, City Atty., Kalispell, for plaintiff and appellant.

Thomas J. Esch, Flathead County Atty. Dennis J. Hester, Deputy County Atty., Richard DeJana, Kalispell, for defendants and respondents.

NELSON, Justice.

This is an appeal and cross-appeal from an Eleventh Judicial District Court, Flathead County judgment, granting summary judgment to the Intervenor on two issues and denying summary judgment on a third. We dismiss the appeal and remand.

We restate the issue on appeal as follows: is the decision of the board of county commissioners to conditionally approve a preliminary subdivision plat appealable?

The City of Kalispell and Flathead...

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