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BUD-KAL v. CITY OF KALISPELL

No. DA 08-0318.

204 P.3d 738 (2009)

2009 MT 93

BUD-KAL, a partnership, et al., Plaintiffs and Appellants, v. CITY OF KALISPELL, et al.; the Downtown Business Improvement District, et al.; and the Flathead County Treasurer, Defendants and Appellees.

Supreme Court of Montana.

Decided March 26, 2009.

Attorney(s) appearing for the Case

For Appellants: James C. Bartlett; Attorney at Law, Kalispell, Montana.

For Appellees: Angela K. Jacobs, Bryce R. Floch; Hammer, Hewitt, Jacobs & Floch, PLLC, Kalispell, Montana (for Appellees City of Kalispell, et al.) Diane Conradi, Law Office of Diane Conradi, P.C., Whitefish, Montana (for Appellees the Downtown Business Improvement District, et al.).

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 This is an appeal from the District Court's June 12, 2008, Order and Rationale on Cross-Motions for Summary Judgment, granting summary judgment in favor of the City of Kalispell and the other defendants and denying the motion for summary judgment by Bud-Kal and the other plaintiffs. We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

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