Hilands Golf Club v. Ashmore

Appellant, Hilands Golf Club (Hilands), appeals from the Yellowstone County, Thirteenth Judicial District Court’s Order dismissing Hilands’ Petition for Judicial Review with prejudice. We reverse.

Hilands raises three issues on appeal relating to whether the failure to serve a Rule 4, M.R.Civ.R, summons on respondent, Joan Ashmore (Ashmore) and the Montana Human Rights Commission (Commission) was obviated by their voluntary appearances in the District Court proceeding. We determine that Hilands’ issue number four is dispositive; that is, whether service pursuant to Rule 5, M.R.Civ.R, rather…