Smith v. Moran

Defendants Larry Moran and Robert Reiser appeal from judgments entered against them following a jury trial in the District Court of the Eighteenth Judicial District, Gallatin County. The Portnells settled with plaintiffs prior to the conclusion of trial. The Millers were not affected by the judgment and therefore are not parties to this appeal.

We reverse the judgments against Moran and Reiser and remand for a new trial.

Defendants Moran and Reiser are developers of a subdivision located south of Bozeman, Montana, known as the Little Bear Subdivision. Development began in late 1978, and has…