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LEE v. FLATHEAD COUNTY

No. 85-142.

704 P.2d 1060 (1985)

Robert J. LEE and Dorothy Marie Lee, husband and wife, Louis Crohn and Irene J. Crohn, husband and wife, Elmer and Marie Sprunger, husband & wife, Plaintiffs and Appellants, v. FLATHEAD COUNTY, Flathead County Board of Commissioners, Nakul Verma, Flathead County Zoning Administrator, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided August 22, 1985.

Attorney(s) appearing for the Case

Keller & German, Robert S. Keller, Kalispell, for plaintiffs and appellants.

Jonathan B. Smith, Deputy County Atty., Oleson & DeJana, Richard DeJana, Kalispell, for defendants and respondents.

MORRISON, Justice.

Appellants commenced this action on October 5, 1984, against respondent land developers, and Flathead County to enjoin construction of an apartment building until compliance with the Montana Subdivision and Platting Act. Appellants also alleged a public and private nuisance and requested abatement and damages. The District Court of the Eleventh Judicial District granted summary judgment against appellants on Counts I and II, reserving Count III...

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