GASTON ENGINEERING v. OAKWOOD PROPERTIES

No. DA 10-0102.

249 P.3d 75 (2011)

2011 MT 44

GASTON ENGINEERING & SURVEYING, P.C., Plaintiff and Appellant, v. OAKWOOD PROPERTIES, LLC, and Yellowstone Bank, Defendants and Appellees.

Supreme Court of Montana.

Submitted January 20, 2011.

Decided March 15, 2011.


Attorney(s) appearing for the Case

For Appellant: Kellie G. Sironi (argued), Attorney at Law, Billings, Montana.

For Appellee Yellowstone Bank: David M. Wagner (argued), Crowley Fleck, PLLP, Bozeman, Montana.

For Amicus Montana Bankers Association: Matthew J. Cuffe , Martin S. King , Worden Thane, P.C., Missoula, Montana.

For Amicus American Council of Engineering Companies-Montana: J. Michael Young , Luinstra & Young, PLLC, Great Falls, Montana.


Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 Plaintiff Gaston Engineering & Surveying, P.C. ("Gaston") appeals from two orders of the Eighteenth Judicial District Court, Gallatin County; the first granting summary judgment to Defendant Yellowstone Bank ("Yellowstone"), and the second denying Gaston's M.R. Civ. P. 59(g) motion. We reverse.

¶ 2 Defendant Oakwood Properties, LLC1 ("Oakwood") planned...

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