Schweitzer v. City of Whitefish

¶1 T. Warren Schweitzer and Ingela Schnittger (Appellants) appeal the order of the Eleventh Judicial District Court, Flathead County, granting the City of Whitefish’s (City) cross-motion for summary judgment. We restate the issue on appeal as follows:

Did the District Court err by granting summary judgment on the basis of claim preclusion ?

¶2 We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Appellants own Lots 28 and 29 of the Houston Lake Shore Tracts located, at 2154 Houston Drive, in Whitefish. This property is adjacent to Whitefish Lake, which the City has annexed. Appellants have owned this…