Legal Opinion

Mitchell v. Town of West Yellowstone

Montana Supreme Court

Decided December 8, 1988No. 88-202PublishedCited by 13 opinions

1Opinion of the CourtJustice Sheehy

Conrad Mitchell appeals from a summary judgment entered against him and in favor of the Town of West Yellowstone in the District Court, Eighteenth Judicial District, Gallatin County. Mitch ell had filed a declaratory judgment action challenging the constitutionality of a town ordinance.

The issue on appeal is whether the District Court lacked subject matter jurisdiction on the declaratory judgment action because Mitchell had failed to exhaust his administrative remedies under the ordinance before filing suit. We determine that the District Court had subject matter jurisdiction in this cause…

2Cases cited18 opinions

  1. Driscoll v. Austintown AssociatesOhio Supreme Court · 1975
  2. Ackerley Communications, Inc. v. City of SeattleWashington Supreme Court · 1979
  3. Kmiec v. Town of Spider LakeWisconsin Supreme Court · 1973
  4. Kingsley v. MillerSupreme Court of Rhode Island · 1978
  5. Texas State Board of Pharmacy v. Walgreen Texas Co.Court of Appeals of Texas · 1975

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3Cited by13 opinions

  1. Gryczan v. StateMontana Supreme Court · 1997
  2. Brisendine v. State, Dept. of CommerceMontana Supreme Court · 1992
  3. Brisendine v. StateMontana Supreme Court · 1991
  4. McKamey v. StateMontana Supreme Court · 1994
  5. Shoemaker v. DenkeMontana Supreme Court · 2004

8 more not listed; retrieve them via the Exa API.

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