PROSSER v. KENNEDY ENTERPRISES, INC.

No. DA 06-0073.

179 P.3d 1178 (2008)

2008 MT 87

342 Mont. 209

Eleanor M. PROSSER, Richard H. White and Lorraine Crotty, Plaintiffs and Appellants, v. KENNEDY ENTERPRISES, INC., d/b/a Kennedy's Tavern & Casino, Vicki Kennedy and The City of Hamilton, Defendants and Appellees.

Supreme Court of Montana.

Decided March 12, 2008.


Attorney(s) appearing for the Case

For Appellants: Howard C. Greenwood, Attorney at Law, Hamilton, Montana.

For Appellee City of Hamilton: William L. Crowley and Cynthia K. Thiel, Boone, Karlberg, P.C., Missoula, Montana.


Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Eleanor M. Prosser (Prosser), Richard H. White (White), and Lorraine Crotty (Crotty) (collectively Neighbors) appeal from the order of the Twenty-First Judicial District, Ravalli County, granting summary judgment to the City of Hamilton (City).

¶ 2 We review the following issues on appeal:

¶ 3 Do Hamilton City Ordinances § 17.116.010 and § 17.116.050 impose a ...

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