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MATL LLP v. SALOIS

No. DA 11-0009.

255 P.3d 158 (2011)

2011 MT 126

360 Mont. 510

MATL LLP, Plaintiff and Appellant, v. Larry SALOIS, as guardian and conservator of Shirley J. Salois, a disabled person, Defendant and Appellee.

Supreme Court of Montana.

Decided June 7, 2011.

Attorney(s) appearing for the Case

For Appellant: James H. Goetz , Benjamin J. Alke ; Goetz, Gallik & Baldwin, Bozeman, Montana.

For Appellee: Hertha L. Lund ; Lund Law PLLC, Bozeman, Montana. Elizabeth A. Brennan , Attorney at Law, Missoula, Montana.

For Amicus Curiae: Peter G. Scott ; Gough, Shanahan, Johnson & Waterman, Helena, Montana (for Jefferson County), John K. Tabaracci , Robert Erickson ; Sullivan, Tabaracci & Rhoades, P.C., Missoula, Montana (for NorthWestern Energy).

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 MATL, LLP (MATL), appeals from an order of the District Court, Ninth Judicial District, Glacier County, dismissing MATL's complaint for condemnation and entering judgment in favor of Larry Salois. We reverse and remand for further proceedings.

¶ 2 On July 19, 2010, MATL filed a Verified Complaint for Condemnation against Salois. Salois subsequently moved for summary judgment. The...

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