Covenant Investments, Inc. v. First Security Bank

¶1 Covenant Investments, Inc. appeals the Eighteenth Judicial District Court’s dismissal of its complaint against First Security Bank (FSB) under M. R. Civ. P. 12(b)(6) (Rule 12(b)(6)). We affirm.

¶2 In February 2004, in preparation for an anticipated subdivision of property, R & D Holding, 1 and FSB’s predecessor-in-interest, 360 Ranch Corporation, entered into a “Waiver of Right to Protest” the creation of Special Improvement Districts (SIDs) (Waiver) for the purpose of making road and/or intersection improvements to Cottonwood Road, between Huffine Lane and West Babcock Street, in Bozeman,…