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RICHARDS v. COUNTY OF MISSOULA

No. DA 09-0294.

223 P.3d 878 (2009)

2009 MT 453

354 Mont. 334

John RICHARDS, Plaintiff and Appellant, Greenough Citizen's League, Inc., Plaintiff-Intervenor, v. COUNTY OF MISSOULA, a political subdivision of the State of Montana, and Montana Department of Fish Wildlife & Parks, a department within the State of Montana, Defendants and Appellees, Blackfooters for Responsible Rural Growth, Defendant-Intervenor.

Supreme Court of Montana.

Decided December 31, 2009.

Attorney(s) appearing for the Case

For Appellant: Richard A. Reep, Reep & Bell, P.C., Missoula, Montana.

For Appellees: Fred Van Valkenburg, Missoula County Attorney; D. James McCubbin, Deputy County Attorney; Missoula, Montana (Missoula County), William A. Schenk and Robert N. Lane, Special Assistant Attorneys General; Helena, Montana (Fish, Wildlife and Parks).

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 John Richards (Richards) appeals the Order of the Fourth Judicial District, Missoula County, granting summary judgment to Montana Department of Fish, Wildlife & Parks (FWP), and the County of Missoula (County). We affirm.

¶ 2 We review the following issues on appeal:

¶ 3 Whether the District Court abused its discretion in failing to hold a hearing on the motions for...

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