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FAIR PLAY MISSOULA v. CITY OF MISSOULA

No. 00-776.

52 P.3d 926 (2002)

2002 MT 179

FAIR PLAY MISSOULA, INC., a Montana non-profit corporation, Plaintiffs and Appellants, v. CITY OF MISSOULA, a municipal corporation, and Play Ball Missoula, Inc., a Montana non-profit corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided August 13, 2002.

Attorney(s) appearing for the Case

Alan F. Blakley, Blakley & Velk, Missoula, Montana, For Appellant.

Jim Nugent, Missoula City Attorney, Missoula, Montana (City of Missoula); Bradley J. Luck, Garlington, Lohn & Robinson, Missoula, Montana, For Respondents (Play Ball Missoula, Inc.).

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Fair Play Missoula, Inc. ("Fair Play") initiated this action to enjoin the City of Missoula ("City") and Play Ball Missoula, Inc. ("Play Ball") from further development of a proposed civic baseball stadium due to the City's alleged failure to comply with statutory requirements for planning, funding, and managing the facility. The Fourth Judicial District Court, Missoula County, dismissed all claims...

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