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MILLS v. ALTA VISTA RANCH, LLC

No. DA 07-0323.

187 P.3d 627 (2008)

2008 MT 214

344 Mont. 212

Charlotte MILLS, Clerk and Recorder of Gallatin County, Montana, in her official capacity, and Gallatin County, a political subdivision of the State of Montana, Plaintiffs and Appellants, v. ALTA VISTA RANCH, LLC, et al., Defendants and Appellees.

Supreme Court of Montana.

Decided June 17, 2008.

Attorney(s) appearing for the Case

For Appellants: Marty Lambert, Gallatin County Attorney; Bozeman, Montana.

For Appellees: Robert Sterup, Holland & Hart; Billings, Montana.

For Amici Curiae: Daniel L. Schwarz, Chief Deputy Yellowstone County Attorney Office; Billings, Montana (for Montana County Attorneys Association), Myra L. Shults, Attorney at Law; Missoula, Montana (for Montana Association of Counties).

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

¶ 1 Mills appeals the District Court's order granting summary judgment and declaratory relief in favor of Alta Vista. Mills also challenges the District Court's order issuing a writ of mandamus and dismissing Defendant Pegasus from the case. We reverse.

¶ 2 We restate the issues as follows:

¶ 3 I. Did the District Court err in granting summary judgment and declaratory relief...

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