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BULL LAKE FIRE DIST. v. LINCOLN COUNTY

No. DA 13-0238.

313 P.3d 174 (2013)

2013 MT 342

BULL LAKE FIRE DISTRICT, a Political Subdivision, Petitioner and Appellant, v. LINCOLN COUNTY, a Political Subdivision, ROBY BOWE, in his capacity as Lincoln County Sheriff and Director of the Libby PSAP, Troy Area Dispatch Board, Libby Volunteer Fire Department, a Municipal Fire Department of the City of Libby, Libby Volunteer Ambulance Service, Inc., a Montana Public Benefit Corporation, and Troy Volunteer Ambulance, a Montana Public Benefit Corporation, Respondents and Appellees.

Supreme Court of Montana.

Decided November 12, 2013.

Attorney(s) appearing for the Case

For Appellant: Kim T. Christopherson , Christopherson Law Office, P.C., Kalispell, Montana.

For Appellees: Sean Goicoechea ; Jinnifer J. Mariman , Moore, Cockrell, Goicoechea & Axelberg, P.C., Kalispell, Montana.

For Amicus Curiae Angel Island Community Association: Douglas C. Allen , Attorney at Law, Cut Bank, Montana.

For Amicus Curiae Montana State Fire Chiefs Association, Montana Volunteer Fire Council, and Missoula Rural Fire District: Catherine Dinwiddie , Attorney at Law, Bozeman, Montana, Courtney Jo Lawellin , Attorney at Law, Livingston, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 The Bull Lake Fire District appeals from the District Court's "Order Granting Respondents' Motion for Summary Judgment Re: BLFD," filed March 5, 2013. We reverse.1

¶ 2 The controlling issue on appeal is whether the District Court properly granted summary judgment to Lincoln County and the other respondents, collectively referred to as the County Respondents...

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