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GRANT CREEK HEIGHTS v. MISSOULA COUNTY

No. DA 09-0547.

285 P.3d 1046 (2012)

2012 MT 177

366 Mont. 44

GRANT CREEK HEIGHTS, INC., a Montana corporation, and Kenneth R. Knie, Plaintiffs and Appellants, v. MISSOULA COUNTY, a political subdivision of the State of Montana; and Missoula County Commissioners, J. Fern Hart, individually; Michael Kennedy, individually, and Jane and John Does 1-20, in their individual and official capacities, Defendants, Appellees, Cross-Appellants.

Supreme Court of Montana.

Decided August 15, 2012.

Rehearing Denied September 25, 2012.

Attorney(s) appearing for the Case

For Appellants: Michael Sol , Sol & Wolfe Law Firm, PLLP, Missoula, Montana.

For Appellee: Fred Van Valkenburg , Missoula County Attorney; James McCubbin , Deputy County Attorney, Missoula, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Grant Creek Heights, Inc. (Grant Creek) and Kenneth R. Knie (Knie) (collectively "Appellants") appeal from the order of the Fourth Judicial District Court, Missoula County, that granted Missoula County's third motion for summary judgment. Missoula County, Missoula County Commissioners, J. Fern Hart and Michael Kennedy (collectively "County") cross-appeal the District Court's denial of their second motion...

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