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GERHART v. LAKE COUNTY, MONT.

No. 10-35183.

637 F.3d 1013 (2011)

Allan GERHART, Plaintiff-Appellant, v. LAKE COUNTY, MONTANA; Lake County Commissioners Mike Hutchin, Paddy Trusler, and Chuck Whitson, in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2011.

Attorney(s) appearing for the Case

Bruce A. Fredrickson (argued) and Angela M. LeDuc , Kalvig & LeDuc, PC, Kalispell, MT, for plaintiff-appellant Allan Gerhart.

Dee Ann Cooney (argued), Cooney Law Firm, Helena, MT, and Michael William Sehestedt , MACo Legal Services, Helena, MT, for defendants-appellees Lake County, Montana, Mike Hutchin, Paddy Trusler, and Chuck Whitson.

Before: ROBERT R. BEEZER, DIARMUID F. O'SCANNLAIN, and RICHARD A. PAEZ, Circuit Judges.

OPINION

PAEZ, Circuit Judge:

Plaintiff-appellant Allan Gerhart is a property owner and resident of Lake County, Montana. In 2007, Gerhart built an approach to Juniper Shores Lane, a county road that borders his property. Around the time Gerhart constructed his approach, he was informed by a County employee that the County requires permits for road approaches. Gerhart filed an approach permit application, which...

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