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K&R PARTNERSHIP v. CITY OF WHITEFISH

No. DA 06-0051.

189 P.3d 593 (2008)

2008 MT 228

344 Mont. 336

K&R PARTNERSHIP, Plaintiff, Appellee and Cross-Appellant. v. CITY OF WHITEFISH, Defendant and Appellant.

Supreme Court of Montana.

Decided June 25, 2008.

Attorney(s) appearing for the Case

For Appellant: William P. Driscoll, Franz & Driscoll; Helena, Montana, James H. Goetz, Goetz, Gallik & Baldwin, P.C.; Bozeman, Montana.

For Appellee: Sean S. Frampton, Morrison & Frampton, P.L.L.P.; Whitefish, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellant City of Whitefish (Whitefish) appeals from the jury verdict and final order of the Eleventh Judicial District, Flathead County, awarding Appellee K&R Partnership (K & R) $161,000 for its inverse condemnation claim and $94,788.23 for litigation expenses. K&R cross appeals, challenging the District Court's decision to disallow "cost to cure" evidence and the court's partial denial of...

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