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DeVOE v. CITY OF MISSOULA

No. DA 11-0565.

274 P.3d 752 (2012)

2012 MT 72

Clayton E. DeVOE, Plaintiff, Appellant and Cross-Appellee, v. The CITY OF MISSOULA, Montana; The Missoula City Board of Adjustment; and John Does 1-20, Defendants and Appellees, v. Connie Poten; Andrew Sponseller, Defendants and Cross-Appellants.

Supreme Court of Montana.

Decided April 3, 2012.

Attorney(s) appearing for the Case

For Appellant: George C. DeVoe ; DeVoe Law Offices, Missoula, Montana.

For Appellees: William L. Crowley , Tracey Neighbor Johnson ; Boone Karlberg , Missoula, Montana (for City of Missoula and Board of Adjustment).

For Appellees: Jon Beal , John B. Horrell ; Beal Law Firm, PLLC, Missoula, Montana (for Cross-Appellants Poten and Sponseller).

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Clayton DeVoe appeals from orders of the District Court upholding application of the zoning ordinances of the City of Missoula, and awarding attorney fees to Connie Poten and Andrew Sponseller. Poten and Sponseller cross-appeal the District Court's refusal to award part of the attorney fees they requested. We affirm.

BACKGROUND

¶ 2 In February, 2005 DeVoe applied to the...

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