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KIELY CONST., L.L.C. v. CITY OF RED LODGE

No. 01-200.

57 P.3d 836 (2002)

2002 MT 241

KIELY CONSTRUCTION, L.L.C., Plaintiff/Respondent/Cross-Appellant, v. CITY OF RED LODGE, acting through the Red Lodge City Council and its past and present council members, Smokey Owen, Hugo Golfi, Al Swanson, Phillip Jaquith, Barbara Beck, Mary Fitzgerald, Anne Rood, Glory Mahan, Richard Gessling, Pete Critelli, and Craig Beam, Defendants/Appellants/Cross-Respondents.

Supreme Court of Montana.

Decided November 1, 2002.

Attorney(s) appearing for the Case

Michael B. Anderson, Christopher N. Rork, Anderson & Liechty, Billings, Montana; Gary Thomas, Red Lodge City Attorney, Red Lodge, Montana, For Appellant.

Bruce Fredrickson, Kristin Omvig, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Montana, For Respondent.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 This appeal arises from decisions by the Red Lodge City Council and rulings by the Twenty-Second Judicial District Court concerning an application for a subdivision, its conditioned approval, and ultimate denial, as well as from special and advisory jury verdicts. We affirm in part and reverse in part.

¶ 2 After receiving a preliminary plat application for a proposed subdivision from...

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