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SWEET GRASS FARMS, LTD. v. BOARD OF COUNTY COM'RS

No. 99-544.

2 P.3d 825 (2000)

2000 MT 147

SWEET GRASS FARMS, LTD., Plaintiff and Appellant, and Hunter's Hot Springs Canal Co., a Montana corporation, Intervenor Plaintiff and Appellant, v. BOARD OF COUNTY COMMISSIONERS OF SWEET GRASS COUNTY, Defendant and Respondent, and J & W Enterprises, a Partnership, Intervenor Defendant and Respondent.

Supreme Court of Montana.

Decided June 1, 2000.

Attorney(s) appearing for the Case

James H. Goetz and Brian M. Morris, Goetz, Gallik, Baldwin & Dolan, P.C., Bozeman, (Sweet Grass Farms, LTD.), Joseph T. Swindlehurst, Huppert & Swindlehurst, P.C., Livingston, (Hunter's Hot Springs Canal Co.), For Appellants.

Myra L. Shults, Missoula, (Board of County Commissioners of Sweet Grass County), Kenneth D. Peterson, Peterson & Schofield, Billings, (J & W Enterprises), For Respondents.

Michael S. Kakuk, Helena, (Montana Association of Realtors), For Amicus.

Justice JIM REGNIER delivered the opinion of the Court.

¶ 1 Sweet Grass Farms, Ltd., appeals from the Findings of Fact, Conclusions of Law and Order Denying Preliminary Injunction entered by the Sixth Judicial District Court, Sweet Grass County. We reverse and remand.

¶ 2 We restate the issues presented on appeal as follows:

¶ 3 1. Whether the District Court abused its discretion in denying Sweet Grass Farms' motion for preliminary injunction...

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