SPENCER v. FLATHEAD COUNTY

No. 84-122.

687 P.2d 1390 (1984)

Gary Lee SPENCER and Gayle Spencer, husband and wife, Plaintiffs and Respondents, v. FLATHEAD COUNTY, a political subdivision of the State of Montana, and State of Montana, Defendants and Appellants.

Supreme Court of Montana.

Decided September 27, 1984.


Attorney(s) appearing for the Case

Murphy, Robinson, Heckathorn & Phillips; Ted Lympus, County Atty., Murray, Kaufman, Vidal & Gordon, Kalispell, for defendants and appellants.

Sverdrup & Spencer, Libby, for plaintiffs and respondents.


SHEA, Justice.

Flathead County and the State of Montana appeal from an order of the Lincoln County District Court denying their request for a change of venue from Lincoln County to Flathead County. The trial court held that it was proper to bring this action in Lincoln County as that is where plaintiff Gary Lee Spencer was mistakenly arrested. We affirm.

Venue in actions brought by nongovernmental entities against counties is determined by section 2-9-312...

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