Prosser v. Kennedy Enterprises, Inc.

¶1 Eleanor M. Prosser (Prosser), Richard H. White (White), and *211Lorraine Crotty (Crotty) (collectively Neighbors) appeal from the order of the Twenty-First Judicial District, Ravalli County, granting summary judgment to the City of Hamilton (City).

¶2 We review the following issues on appeal:

¶3 Do Hamilton City Ordinances § 17.116.010 and § 17.116.050 impose a “special duty” on the City to protect residents in the vicinity of a proposed building modification ?

¶4 Does a condition that the City places on a building modification permit impose a “special duty” on the City when it is deciding…