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IN RE THORNTON

No. DA 09-0141.

220 P.3d 395 (2009)

2009 MT 367

353 Mont. 252

Dennis THORNTON, Donna Thornton, and Misty Cliff II Condominiums Association, and Blomgren Family Trust, Bill B. Blomgren and Larilyn A. Blomgren, Trustees, and Misty Cliff I Condominiums Association, Jim Etzler and Beverly Etzler, Plaintiffs and Appellants, v. Flathead County, a political subdivision, Board of County Commissioners of Flathead County, in its official capacity, Clerk and Recorder of Flathead County, in her official capacity, et al., Defendants and Appellees.

Supreme Court of Montana.

Decided November 3, 2009.

Attorney(s) appearing for the Case

For Appellants: Michael A. Ferrington; Attorney at Law, Whitefish, Montana (for Jim Etzler and Beverly Etzler), James C. Bartlett; Attorney at Law, Kalispell, Montana (for Dennis Thornton, Donna Thornton, Misty Cliff II Condominium Association, Blomgren Family Trust, Bill B. Blomgren and Larilyn A. Blomgren, Trustees, and Misty Cliff I Condominiums Association).

For Appellees: Alan F. McCormick; Garlington, Lohn & Robinson, Missoula, Montana (for Flathead County), Peter A. Steele; Office of the County Attorney, Kalispell, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Jim and Beverly Etzler (Etzlers), Blomgren Family Trust (Blomgrens), and Dennis and Donna Thornton (Thorntons) (collectively Appellants) appeal from an order of the Eleventh Judicial District Court, Flathead County, granting Flathead County's (County) motion for summary judgment. We affirm.

¶ 2 We restate the issues on appeal as follows:

¶ 3 Whether Appellants' properties...

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