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KNUDSEN v. EREAUX

No. 95-422.

911 P.2d 835 (1996)

Lee KNUDSEN, Shirley Knudsen, James Knudsen, and Janice Knudsen, Plaintiffs and Appellants, v. Claude E. EREAUX, a/k/a Ezzie Ereaux, N.W. Dobson, a/k/a Norris W. Dobson; Esther Arletta Dobson, a/k/a Arletta Dobson; City of Malta, an Incorporated Political Subdivision of the State of Montana; and Mayor Byron Ereaux, City Council Members Karl Harms, William Crowder, Dave Broadbrooks, and Delmar Demarais, individually and as members of the City Council of the City of Malta, Defendants and Respondents.

Supreme Court of Montana.

Decided February 8, 1996.

Rehearing Denied March 7, 1996.

Attorney(s) appearing for the Case

Vicki Knudsen, Roundup, Mark D. Parker, Parker Law Firm, Billings, for Appellants.

Jack Jenks, Malta City Attorney, Bosch, Kuhr, Dugdale, Martin & Kaze, Havre, Don Cole, Cole & Amestoy, Malta, for Respondents.

ERDMANN, Justice.

Plaintiffs appeal from an order issued by the Seventeenth Judicial District Court, Phillips County, dismissing their amended petition for lack of standing. We affirm.

We restate the issues on appeal as follows:

1. Did the District Court err by failing to notify the parties that it was treating the motion to dismiss as a motion for summary judgment?

2. Did the District Court correctly determine that the plaintiffs did not have...

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