Phillips, et al. v. City of Whitefish

DA 13-0472 ·Direct Appeal ·Civil ·Closed
Docket DA 13-0472
Type Direct Appeal — Declaratory Judgment
Classification Civil
Outcome Affirmed
Lower court case DV-11-1535D
Lower court judge Hon. David M. Ortley

Key dates

Closed Aug 4, 2014
Classified Feb 14, 2014
Appeal filed Jul 19, 2013
Record filed Aug 28, 2013
Oral argument Apr 11, 2014
Briefing ended Feb 10, 2014
Opinion issued Jul 15, 2014
Briefing started Aug 28, 2013
Sent to the court Feb 11, 2014
Submitted for decision Apr 11, 2014
Appellant Reply Brief Filed Feb 10, 2014
Appellant Opening Brief Filed Oct 28, 2013
Appellee Response Brief Filed Dec 27, 2013

Calculated

from the docket dates
Appeal filed to briefing start 40
Briefing days 165
Briefing start to opening brief filed 61
Classified to Opinion 151
Close of briefing to sent to court 1
Filing date to Opinion 361
Filing date to closed 381
Opening to response 59
Opinion to closed 19
Oral argument to Opinion 95
Response to reply 45
Sent to court to classified 3
Sent to court to oral argument 58
Submitted for decision to Opinion 154

Tags

Affirmed Case stayed Closed Opinion synopsis issued Oral Argument Published opinion Subject to Mediation

Parties

Appellant
Whitefish, City of
Represented by Terry N. Trieweiler
Appellee
Flathead County Board of County Commissioners
Represented by Alan F. McCormick
Appellant
Dan Weinberg, Sen.
Represented by John F. Lacey
Appellant
Ed McGrew
Represented by John F. Lacey
Appellee
Anne Dee Reno
Represented by Duncan Scott
Appellee
Ben Whitten
Represented by Duncan Scott
Appellant
Let Whitefish Vote
Represented by John F. Lacey
Appellee
Lyle Phillips
Represented by Duncan Scott
Appellant
Marilyn R. Nelson
Represented by John F. Lacey
Appellant
Mary Person
Represented by John F. Lacey
Appellee
Turner Askew
Represented by Duncan Scott

Opinion

Phillips, et al. v. City of Whitefish, 2014 MT 186

Affirmed on July 15, 2014, in a 4 to 3 published opinion.

Events

most recent first
Fees - Postage Reimbursement Received Dec 8, 2014 10:44 AM Fees
Record - DC Record Return Card Filed Aug 11, 2014 2:19 PM Record
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Aug 5, 2014 2:31 PM Notice - Outgoing
Record - DC Record Returned to District Court Aug 4, 2014 10:46 AM Record
Event - Case Closed Aug 4, 2014 10:46 AM Closing Notice
Notice - Outgoing - Remittitur Issued Aug 4, 2014 10:41 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Aug 4, 2014 10:40 AM Notice - Outgoing
Opinion - Synopsis of Opinion Jul 15, 2014 4:28 PM Synopsis
Opinion - Published; Rice, affirmed Jul 15, 2014 4:24 PM Opinion
Event - Oral Argument Presented by Terry Trieweiler and John Lacey for the appellants/Intervenor and Duncan Scott and Alan McCormick for the appellees. The matter was taken under advisement at 11:15 a. m Apr 11, 2014 11:25 AM Event
Notice - Incoming - Errata - Appellant (City of Whitefish) Reply Brief - copies to Court Mar 3, 2014 1:37 PM Notice - Incoming
Order - The Hon. James A. Haynes will sit for the vacant position on the Court for the oral argument Feb 24, 2014 11:48 AM Order - Other
Notice - Outgoing - Oral Argument Scheduled Feb 14, 2014 3:33 PM Notice - Outgoing
Order - Classified - Oral Argument Feb 14, 2014 3:23 PM Classifying Notice
Original Brief received Feb 13, 2014 10:25 AM Other
Event - Case Sent to Court Feb 11, 2014 12:01 PM Classifying Notice
Order - Deficiencies-Brief. No original brief. Appellants/Intervenors shall file the signed original Reply brief within 10 days Feb 11, 2014 11:50 AM Order - Deficiency
Brief - Appellant Reply (Appellants/Intervenors) (original filed 2/13/14 per Deficiency Order) Feb 10, 2014 11:47 AM Appellant Reply Brief
Brief - Appellant Reply (City of Whitefish) Feb 10, 2014 9:20 AM Appellant Reply Brief
Order - the motion to strike and the response are TAKEN UNDER ADVISEMENT Jan 28, 2014 4:25 PM Order - Other
Response to the Plaintiffs' Motion to Strike Portions of David Taylor and Wendy Compton-Ring. copies to Court Jan 24, 2014 10:29 AM Response
Order - City of Whitefish may file a response to the motion to strike by 1/24/14 not to exceed 7 pages. No reply shall be permitted Jan 16, 2014 3:24 PM Order - Other
Motion for Order Permitting a Response and Setting Time within which to File a Response to the Motion to Strike. copies to Court Jan 15, 2014 10:36 AM Motion
Order - motion to strike TAKEN UNDER ADVISEMENT pending review of full blriefing Jan 7, 2014 9:14 AM Order - Other
Extension - Grant of Extension - Appellants are given until 2/10/14 to file their reply briefs Jan 6, 2014 2:04 PM Extension
Motion - Unopposed - Extension of Time - Brief - Appellants' Reply Jan 6, 2014 11:54 AM Motion
Brief - Appellees (Phillips, Reno, Askew & Whitten) Dec 27, 2013 9:58 AM Appellee Response Brief
Brief - Appellee (Board of Commissioners, Flathead County) Dec 27, 2013 9:51 AM Appellee Response Brief
Event - Sent to Court-Pleading (Motion to Strike) Dec 24, 2013 10:14 AM Event
Correspondence - Incoming - letter from District Court Judge Ortley. placed in SC file Dec 16, 2013 2:51 PM Correspondence
Order - the motion for stay of the DC 7/8/13 order is GRANTED Dec 10, 2013 4:39 PM Order - Other
Motion - Strike - held for objection Dec 9, 2013 10:39 AM Motion
Response to Motion for Stay of District Court's July 8, 2013, Order - Appellees Phillips, Reno, Askew and Whitten. (copies to Court) Nov 29, 2013 3:27 PM Response
Event - Sent to Court-Pleading - (Motion for Stay and Responses) Nov 29, 2013 1:36 PM Event
Response to Motion for Stay of District Court's July 8, 2013, Order - Flathead County Commissioners Nov 29, 2013 12:45 PM Response
Order - Grant - Extension of Time until December 2, 2013, to file Board of Commissioners' response Nov 25, 2013 1:15 PM Order - Extension
Motion - Unopposed - Extension of Time - File Response/Objection (Board of Flathead County Commissions). sent to Court w/SC file Nov 22, 2013 3:48 PM Motion
Motion for Stay of District Court's July 8, 2013, Order Pending Appeal and Brief in Support and accompanying affidavits. (holding for response, if any) Nov 18, 2013 2:41 PM Motion
Extension - Grant of Extension - Appellees/Plaintiffs and Appellee Flathead County are granted until 12/27/13 to file their briefs Nov 15, 2013 10:29 AM Extension
Motion - Unopposed - Extension of Time - Brief (Appellee's) Nov 14, 2013 3:56 PM Motion
Brief - Appellant (Weinberg, McGrew, Let Whitefish Vote, Person and Nelson) Oct 28, 2013 2:31 PM Appellant Opening Brief
Brief - Appellant (City of Whitefish) Oct 28, 2013 2:30 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellants are granted until 10/28/13 to file their opening brief Sep 23, 2013 3:33 PM Order - Extension
Motion - Appellants Opposed 1st Extension of Time - Brief (sent to court with SC file) Sep 23, 2013 12:53 PM Motion
Order - the motion to designate this appeal as appropriate for mediation is DENIED Sep 17, 2013 8:47 AM Order - Other
Response/Objection - to motion to designate appeal as appropriate for mediation (Commissioners of Flathead County) (copies to court) Sep 16, 2013 10:51 AM Response
Event - Sent to Court-Pleading to Designate appeal as appropriate for mediation and Objection Sep 9, 2013 10:40 AM Event
Response/Objection - Motion to designate appeal as appropriate for Mediation Sep 9, 2013 10:38 AM Response
Motion to Designate Appeal as Appropriate for Mediation. held for objection, if any Sep 5, 2013 11:12 AM Motion
Notice - Outgoing - District Court Record Filed Aug 28, 2013 12:22 PM Record
Record - DC Record DV 11-1535D consisting of (7) manila file folders, (1) black three ring binder of Exhibits and (2) volumes of Transcripts dated 2/6/12 & 2/28/13 Filed Aug 28, 2013 12:08 PM Record
Mediation - Order Appointing Mediator - Shelly F. Brander Aug 13, 2013 2:18 PM Mediation
Notice - Incoming - Amended Notice of Appeal Filed (City of Whitefish) Jul 29, 2013 3:12 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Jul 22, 2013 11:42 AM Notice - Outgoing
Fees - Appearance Fee Received Jul 22, 2013 11:40 AM Fees
Notice - Incoming - Notice of Appeal Filed (Intervenors) Jul 22, 2013 11:38 AM Notice - Incoming
Notice - Outgoing - Appeal Notice Jul 19, 2013 11:41 AM Notice - Outgoing
Mediation - Case Subject to Mediation Jul 19, 2013 11:36 AM Mediation
Notice - Incoming - Notice of Appeal Filed Jul 19, 2013 11:34 AM Notice - Incoming