Shults v. Liberty Cove, Inc.

¶1 Plaintiff and Respondent, Myra L. Shults, filed a complaint to enjoin Defendant and Appellant, Liberty Cove, Inc., from constructing condominiums on real property owned by Liberty Cove in Missoula County. Shults specifically contended that Liberty Cove was required to undergo subdivision review with Missoula County before the condominiums could be built. Liberty Cove filed a motion to dismiss Shults’s complaint which was converted to a Rule 56 motion for summary judgment because the motion discussed matters outside the complaint. Liberty Cove claimed the complaint should be dismissed…