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POWELL COUNTY v. COUNTRY VILLAGE, LLC

No. DA 08-0654.

217 P.3d 508 (2009)

2009 MT 294

352 Mont. 291

POWELL COUNTY, a political subdivision of the State of Montana, Petitioner and Appellee, v. COUNTRY VILLAGE, LLC d/b/a Happy Endings Casino, Respondent and Appellant.

Supreme Court of Montana.

Decided September 3, 2009.

Rehearing Denied October 6, 2009.

Attorney(s) appearing for the Case

For Appellant: Wade J. Dahood, Michelle Sievers; Knight, Dahood, Everett & Sievers, Anaconda, Montana.

For Appellee: Lewis K. Smith; Powell County Attorney, Deer Lodge, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Country Village, LLC, dba Happy Endings Casino (Happy Endings) appeals from orders of the Third Judicial District Court, Powell County, granting Powell County's (County) petition for a restraining order and denying Happy Endings' motion to alter or amend judgment or for a new trial. We affirm.

¶ 2 We restate the issues on appeal as follows:

¶ 3 Whether the Powell County...

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