City of Whitefish v. Board of County Commissioners

¶38 I concur with the Court’s decision and write in an effort to promote clarity with regard to our standards of appellate review of preliminary injunctions. The Opinion indicates that our decision is not made under the manifest abuse of discretion standard because the “determination of whether an injunction should issue in this case was solely a legal conclusion,” and thus, we review that conclusion of law for correctness. Opinion, ¶ 16. This statement is consistent with standards of review we have often cited in injunction cases: “In reviewing an order granting or denying a preliminary…