Knudsen v. Ereaux

Plaintiffs appeal from an order issued by the Seventeenth Judicial District Court, Phillips County, dismissing their amended petition for lack of standing. We affirm.

We restate the issues on appeal as follows:

1. Did the District Court err by failing to notify the parties that it was treating the motion to dismiss as a motion for summary judgment?

2. Did the District Court correctly determine that the plaintiffs did not have standing to challenge a municipal annexation made pursuant to Title 7, Chapter 2, Part 46, Montana Code Annotated (1993)?

FACTS

This case has no adjudicated facts. It comes…