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CLARK v. DUSSAULT

No. 93-451.

878 P.2d 239 (1994)

David K. CLARK, Missoula County Justice of the Peace, Petitioner and Respondent, v. Ann Mary DUSSAULT, Barbara Evans and Janet Stevens, Missoula County Commissioners, Respondents and Appellants, and Anne P. Guest, Intervenor and Appellant.

Supreme Court of Montana.

Decided July 12, 1994.

Rehearing Denied August 4, 1994.

Attorney(s) appearing for the Case

Larry Jones, Missoula, for intervenor and appellant.

Stacey Weldele-Wade, Milodragovich, Dale & Dye, Missoula, for petitioner and respondent.

Nancy K. Moe, Ellingson & Moe, Michael W. Sehestedt, Deputy County Atty., Missoula, for respondents and appellants.

Jim Nugent, City Atty., City of Missoula, Missoula, for amici curiae Missoula and League of Cities and Towns.

GRAY, Justice.

Anne Guest (Guest) and the Missoula County Board of Commissioners (County Commissioners) appeal from the grant of summary judgment to David Clark (Clark) by the Fourth Judicial District Court, Missoula County. The summary adjudication was based on the court's conclusion that Clark was not bound by the grievance procedures applicable to county employees because of his inherent authority as Justice of the Peace...

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