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PHILLIPS v. CITY OF WHITEFISH

No. DA 13-0472.

330 P.3d 442 (2014)

2014 MT 186

Lyle PHILLIPS, Anne Dee Reno, Turner Askew, and Ben Whitten, Plaintiffs and Appellees, v. CITY OF WHITEFISH, Defendant, Third-Party Plaintiff, and Appellant, and The Board of Commissioners of Flathead County, Defendant, Third-Party Defendant and Appellee, and Dan Weinberg and Ed McGrew, individually and on behalf of Let Whitefish Vote, a ballot committee lawfully organized under the laws of Montana; Mary Person and Marilyn R. Nelson, Intervenors and Appellants.

Supreme Court of Montana.

Submitted April 23, 2014.

Decided July 15, 2014.

Attorney(s) appearing for the Case

For Appellant: Terry N. Trieweiler (argued); Trieweiler Law Firm; Whitefish, Montana (for City of Whitefish), Mary E. VanBuskirk ; Whitefish City Attorney; Whitefish, Montana (for City of Whitefish), John F. Lacey (argued); McGarvey, Heberling, Sullivan and McGarvey, P.C.; Kalispell, Montana (for Dan Weinberg, et al.).

For Appellees: Alan F. McCormick (argued); Garlington, Lohn & Robinson, PLLP; Missoula, Montana (for Board of Commissioners), Duncan Scott (argued); Scott & Kienzle, P.A.; Kalispell, Montana (for Lyle Phillips et al.).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Dan Weinberg, Ed McGrew, Let Whitefish Vote, Mary Person, and Marilyn Nelson (collectively Intervenors), and City of Whitefish (City) appeal from the order of the Eleventh Judicial District Court, Flathead County, granting summary judgment to Lyle Phillips, Anne Dee Reno, Turner Askew, and Ben Whitten (collectively Plaintiffs) and the Board of Commissioners of Flathead County (County). Plaintiffs filed...

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