Lee v. Flathead County

Appellants commenced this action on October 5, 1984, against respondent land developers, and Flathead County to enjoin construction of an apartment building until compliance with the Montana Subdivision and Platting Act. Appellants also alleged a public and private nuisance and requested abatement and damages. The District Court of the Eleventh Judicial District granted summary judgment against appellants on Counts I and II, reserving Count III, a damage claim, for trial. This appeal followed.

In April 1984, Paulson and Grant (developers) commenced construction of a four-unit building on a 115…