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SHULTS v. LIBERTY COVE, INC.

No. DA 06-0076.

146 P.3d 710 (2006)

2006 MT 247

334 Mont. 70

Myra L. SHULTS, Plaintiff and Respondent, v. LIBERTY COVE, INC., Defendant and Appellant.

Supreme Court of Montana.

Decided October 3, 2006.

Rehearing Denied November 9, 2006.

Attorney(s) appearing for the Case

For Appellant: Michael J. Milodragovich and Cory R. Gangle, Milodragovich, Dale, Steinbrenner and Binney, P.C., Missoula, Montana.

For Respondent: Myra L. Shults, Lolo, Montana, Norman H. Grosfield, Utick & Grosfield, Helena, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Plaintiff and Respondent, Myra L. Shults, filed a complaint to enjoin Defendant and Appellant, Liberty Cove, Inc., from constructing condominiums on real property owned by Liberty Cove in Missoula County. Shults specifically contended that Liberty Cove was required to undergo subdivision review with Missoula County before the condominiums could be built. Liberty Cove filed a motion to dismiss...

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