PATTON v. MADISON COUNTY

Nos. 93-445 and 93-446.

877 P.2d 993 (1994)

Gordon PATTON, William Winn, Robert Allen, and Val Farrell, Petitioners and Respondents, v. MADISON COUNTY and The Board of County Commissioners, William R. Dringle, Chairman; Byron Bayers, John Allhands, and Walter Kannon, and Hambletonian Inn, Inc., Respondents and Appellants. Dan R. McCLAIN and Mary Alice McCLAIN, Trustees under the Dan R. McCLAIN and Mary Alice McCLAIN Declaration of Trust, Plaintiffs and Respondents, v. Walter KANNON and Hambletonian Inn, Inc., Defendants and Appellants.

Supreme Court of Montana.

Decided June 21, 1994.

Rehearing Denied July 26, 1994.

As Amended June 28, and August 10, 1994.


Attorney(s) appearing for the Case

James H. Goetz and Robert K. Baldwin, Goetz, Madden & Dunn, Bozeman, for Appellant.

J. Robert Planalp, Landoe, Brown, Planalp & Braaksma, Bozeman; Loren Tucker, Madison County Attorney, Virginia City, for Respondent.


NELSON, Justice.

This is an appeal by appellants Walter Kannon and Hambletonian Inn, Inc., from a Fifth Judicial District Court, Madison County, judgment enforcing the settlement agreement, dated August 17, an order dated July 7, 1993, and an order denying Kannon's motion for summary judgment dated June 15, 1992. We reverse.

The following are issues on appeal:

I. Did the District Court err in enforcing the...

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