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LEWIS AND CLARK COUNTY v. WIRTH

DA 21-0237.

510 P.3d 1206 (2022)

2022 MT 105

LEWIS AND CLARK COUNTY, a political subdivision of the State of Montana, Petitioner and Appellee, v. Philip R. WIRTH, et al., Respondent and Appellant. Bridge Creek Estates Homeowners Association, Cross-Claimant and Appellee, v. Philip R. Wirth, Cross-Defendant and Appellant.

Supreme Court of Montana.

Decided: May 31, 2022.

Attorney(s) appearing for the Case

For Appellant: Joseph P. Cosgrove , Hoyt & Blewett PLLC, Great Falls, Montana.

For Appellee Bridge Creek Estates Homeowners Association: Cherche Prezeau , Colin Phelps , J. Stuart Segrest , Christensen & Prezeau, PLLP, Helena, Montana.

For Lewis and Clark County: Alan F. McCormick , Garlington, Lohn & Robinson, PLLP, Missoula, Montana, Leo J. Gallagher , Lewis and Clark County Attorney, C. Nicholas Hash , Deputy County Attorney, Helena, Montana.

¶1 Respondent and Cross-Defendant Philip R. Wirth appeals the November 16, 2018 order granting summary judgment in favor of Lewis and Clark County ("the County") and Bridge Creek Estates Homeowners Association ("the HOA") on the County's claim for declaratory judgment and on Wirth...

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