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CITIZEN ADVOCATES v. CITY COUNCIL

No. 04-836.

130 P.3d 1259 (2006)

2006 MT 47

331 Mont. 269

CITIZEN ADVOCATES FOR A LIVABLE MISSOULA, INC., a Montana Nonprofit Public Benefit Corporation; Judy Smith; John Fletcher; Jim Parker; and John Couch, Plaintiffs and Appellants, v. CITY COUNCIL and Mayor of the City of Missoula, Montana, Acting as the Governing Body of the City of Missoula, a Governmental Entity, Defendants and Respondents.

Supreme Court of Montana.

Decided March 7, 2006.

Attorney(s) appearing for the Case

For Appellants: Caryn Miske, Attorney at Law, Frenchtown, Montana.

For Respondents: Jim Nugent, City Attorney; Susan A. Firth, Deputy City Attorney, Missoula, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Citizen Advocates for a Livable Missoula, Judy Smith, John Fletcher, Jim Parker, and John Couch (collectively, Appellants) appeal from the order of the Fourth Judicial District Court granting summary judgment to the City Council and Mayor of the City of Missoula, Montana (Respondents). Appellants argue that the existence of material questions of fact precludes summary judgment, and further, that Missoula...

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