Legal Opinion

Yockey v. Kearns Properties, LLC

Montana Supreme Court

Decided February 15, 2005No. 03-776PublishedCited by 26 opinions

1Opinion of the CourtJustice Cotter

¶1 The above-named Plaintiffs and Appellants (hereinafter “Yockeys”) appeal the denial of their motion for a preliminary injunction and the dissolution of their temporary restraining order (“TRO”) against Kearns Properties, LLC, Zkeams Properties, LLC, Kent C. Kearns, and Joni Z. Kearns (hereinafter “Kearns”), and Ravalli County. We affirm in part, reverse in part, and remand.

ISSUE

¶2 Yockeys state four issues on appeal, which we restate as follows: Did the District Court err when it concluded that Yockeys are not entitled to a preliminary injunction?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Yockeys…

2Cases cited5 opinions

  1. Shammel v. Canyon Resources Corp.Montana Supreme Court · 2003
  2. Porter v. K & S PARTNERSHIPMontana Supreme Court · 1981
  3. Sweet Grass Farms, Ltd. v. Board of County CommissionersMontana Supreme Court · 2000
  4. Knudson v. McDunnMontana Supreme Court · 1995
  5. Atkinson v. Roosevelt CountyMontana Supreme Court · 1923

3Cited by26 opinions

  1. Benefis Healthcare v. GREAT FALLS CLINIC, LLP.Montana Supreme Court · 2006
  2. City of Whitefish v. Board of County CommissionersMontana Supreme Court · 2008
  3. Snavely v. St. JohnMontana Supreme Court · 2006
  4. Sandrock v. DeTienneMontana Supreme Court · 2010
  5. Citizens for Balanced Use v. MaurierMontana Supreme Court · 2013

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