State Ex Rel. City of Helena v. DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT, IN AND FOR THE COUNTY OF LEWIS AND CLARK

This is a petition by the City of Helena for writ of supervisory control alleging that the district court, Lewis and Clark County, erred in denying defendant petitioner’s motion for summary judgment, in cause No. 36440, entitled Morland P. Branning, Plaintiff, versus Bick McCullough, the State of Montana, acting by and through its State Highway Commission, and the City of Helena, Montana, Defendants. Petitioner argues the denial of its motion necessitates a trial on the merits, even though petitioner cannot be held liable as a matter of law, and that supervisory control is the only effective…