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KUNZ v. BUTTE-SILVER BOW

No. 89-609.

797 P.2d 224 (1990)

Ronald KUNZ and Rosie Kunz, Plaintiffs and Appellants, v. BUTTE-SILVER BOW, a political Subdivision of the State of Montana, and Dorothy K. Dugdale, Defendants and Respondents.

Supreme Court of Montana.

Decided September 4, 1990.

Attorney(s) appearing for the Case

Leonard J. Haxby, Butte, for plaintiffs and appellants.

Kathleen McBride, Butte, Brad Newman, Butte-Silver Bow Deputy County Atty., Mark A. Vucurovich, Butte, for defendants and respondents.

BARZ, Justice.

Ronald and Rosie Kunz appeal from an order of the District Court of the Second Judicial District, Silver Bow County, granting respondents' motion to dismiss. We affirm.

Appellants own real property at 4809 Hope Road in Silver Bow County. Respondent Dorothy Dugdale owns an adjacent parcel at 4801 Hope Road. Appellants' property is zoned residential while Dugdale's property is part of a light industrial zone. Both parties acknowledge that the...

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