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LPV v. BOARD OF COUNTY COMMISSIONERS

No. 04-090.

120 P.3d 385 (2005)

2005 MT 225

328 Mont. 361

LET THE PEOPLE VOTE, Sharon Demeester, Amy Mohn, Meghan Saunders, Dan Brunet and Linda Katsuda, Plaintiffs and Appellants, v. BOARD OF COUNTY COMMISSIONERS OF FLATHEAD COUNTY, the governing body of the County of Flathead, acting by and through Gary Hall, Robert W. Watne and Howard W. Gipe and Flathead County Election Department, acting by and through Paula Robinson And Diane Murer, Defendants and Respondents. Brent Hall, Greg Stevens, Richard H. Mohrenweiser, and Keith Brian Sipe, Intervenors.

Supreme Court of Montana.

Decided September 13, 2005.

Attorney(s) appearing for the Case

For Appellants: Caryn Miske, Attorney at Law, Frenchtown, Montana; Roger M. Sullivan, McGarvey, Heberling, Sullivan & McGarvey, P.C., Kalispell, Montana.

For Respondents: Jonathan B. Smith, Deputy County Attorney, Flathead County, Kalispell, Montana.

For Intervenors: Duncan Scott, Scott and Scott, P.C., Kalispell, Montana.

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

¶ 1 Appellants Let the People Vote, et al. (LPV) appeal an Order of the District Court for the Eleventh Judicial District, Flathead County, granting a Motion to Quash Alternative Writ and to Dismiss filed by Respondents Board of County Commissioners, et al. (the Commissioners). We affirm.

¶ 2 LPV raises the following issues on appeal:

¶ 3 1. Whether the Commissioners' application...

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