TALLY BISSELL NEIGH. v. EYRIE SHOTGUN RANCH

No. DA 09-0147.

228 P.3d 1134 (2010)

2010 MT 63

355 Mont. 378

TALLY BISSELL NEIGHBORS, INC., a Montana Nonprofit Corporation, Robin Allen, Nancy Allen, Bob Brown, Sue Brown, Jon Capon, Betsy Capon, Marian Cartee, Tom Courtney, Susan Courtney, Ed Chianelli, Chris Evans, Robert Frahm, Margo Frahm, Eldon Frahm, Jacqueline Frahm, Don Hanks, Wendy Hanks, Bonnie Hodges, Will Hunt, Leslie Hunt, Lorri Hustwaite, Darryl Hustwaite, John Klassen, Susan Klassen, Steve Knight, Kaleen Knight, Michele Larsen, Greg Lee, Richard Marriott, Linda Marriott, Bridget O'Leary, Jeff Powers, Barbara Powers, Rob Rice, Wendi Rice, Steve Smith, Shari Smith, Tim Williams, Amy Williams, and Amy Winslow, Plaintiffs and Appellants, v. EYRIE SHOTGUN RANCH, LLC, a Montana Limited Liability Company, Robert Hayes and John Does, 1 through 3, Defendants and Appellees.

Supreme Court of Montana.

Decided March 29, 2010.


Attorney(s) appearing for the Case

For Appellants: Eric F. Kaplan and Stephanie M. Breck, Kaplan & Breck, Columbia Falls, Montana.

For Appellees: Sean S. Frampton, Morrison & Frampton, Whitefish, Montana.


Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Tally Bissell Neighbors, Inc. (Neighbors), appeal the order of the District Court of the Eleventh Judicial District, Flathead County, granting the motion to dismiss to Eyrie Shotgun Ranch, LLC (Ranch). We affirm in part and reverse in part.

¶ 2 We review the following issues on appeal:

¶ 3 Did the District Court properly dismiss Neighbors' public nuisance claim?

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