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FIELDER v. BOARD OF COUNTY COM'RS

No. DA 06-0285.

162 P.3d 67 (2007)

2007 MT 118

337 Mont. 256

Jennifer FIELDER, Paul Fielder, Robert Mann, Bethanne Mann, Scott Wiestling, Jeanne Wiestling, James Gordon, Darlene Gordon, Loren McCloud, Loris McCloud, Honani Polequaptewa and Jean Polequaptewa, Plaintiffs and Appellants, v. BOARD OF COUNTY COMMISSIONERS, Sanders County, Montana, and Donald Oliver, Defendants and Respondents.

Supreme Court of Montana.

Decided May 22, 2007.

Attorney(s) appearing for the Case

For Appellants: Darrel L. Moss, Sullivan, Tabaracci & Rhoades, Missoula, Montana.

For Respondent Oliver: Donald V. Snavely, Snavely Law Firm, Missoula, Montana.

For Respondent County: William T. Wagner, Garlington, Lohn & Robinson, Missoula, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Appellants Jennifer Fielder, Paul Fielder, and other residents of Sanders County (collectively Fielders), filed a complaint challenging the Sanders County Commissioners' (Commissioners) approval of the preliminary plat of the Waterfront West Major Subdivision (Waterfront West). The District Court for the Twentieth Judicial District, Sanders County, granted summary judgment in favor of the County and...

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