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SANDERS v. YELLOWSTONE COUNTY

No. 95-408.

915 P.2d 196 (1996)

Jeffrey SANDERS, Plaintiff and Appellant, v. YELLOWSTONE COUNTY (a Political Subdivision of the State of Montana) and Gaugers Sales Corp. (a Montana corporation), Defendants and Respondents. GAUGERS SALES CORP. (a Montana corporation), Cross-Plaintiff, v. Jeffrey SANDERS, Cross-Defendant. GAUGERS SALES CORP. (a Montana corporation), Cross-Plaintiff, v. YELLOWSTONE COUNTY (a political Subdivision of the State of Montana), Cross-Defendant.

Supreme Court of Montana.

Decided April 16, 1996.

Attorney(s) appearing for the Case

Peter T. Stanley, Billings, for Appellant.

Dennis Paxinos, County Attorney; Brent Brooks, Deputy County Attorney, Billings, Carol Hardy, Pedersen & Hardy, Billings, for Respondent.

TURNAGE, Chief Justice.

Jeffrey Sanders (Sanders) appeals from the decision of the Thirteenth Judicial District Court, Yellowstone County, granting Gaugers Sales Corp.'s (Gaugers) and Yellowstone County's motions for summary judgment in this quiet title action. We reverse.

We find the following issues dispositive on appeal:

1. Did Sanders have standing to institute this quiet title action?

2. Did the...

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