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ROE v. CITY OF MISSOULA

No. DA 07-0257.

221 P.3d 1200 (2009)

2009 MT 417

354 Mont. 1

Brad and Adina ROE, Robert Hanneman, Douglas Miller, Dana Tatum, f/k/a Dana Skiftun, Corey Williamson and Michael George, and Geoffrey Easton, Plaintiffs and Appellants, v. CITY OF MISSOULA, acting through the Members of the MISSOULA CITY COUNCIL, John Engen, Heidi Kendall, Ed Childers, Ann Kazmierczak, Stacy Rye, Lou Ann Crowley, Jerry Ballas, Myrt Charney, Bob Lovegrove, Jack Reidy Clayton Floyd, Jr., Missoula County, Missoula County Clerk and Recorder, Defendants and Appellees.

Supreme Court of Montana.

Decided December 8, 2009.

Attorney(s) appearing for the Case

For Appellants: Thomas C. Orr; Orr Law Offices, P.C.; Missoula, Montana.

For Appellees: Douglas J. Wold; Wold Law Firm, P.C.; Polson, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Brad Roe, Adina Roe, and other named plaintiffs (Roes) appeal two orders of the Fourth Judicial District Court, in and for Missoula County. The first order granted summary judgment to the City of Missoula on Roes' claim seeking declaratory judgment that the Missoula City Council (City Council) may not unilaterally undertake review of applications for exemption from subdivision review. The second order granted...

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