Heffernan v. Missoula City Council

DA 10-0142 ·Direct Appeal ·Civil ·Closed
Docket DA 10-0142
Type Direct Appeal — Judicial Review
Classification Civil
Outcome Affirmed
Lower court case DV 08-84
Lower court judge Hon. Robert L. Deschamps

Key dates

Closed Jun 6, 2011
Classified Nov 17, 2010
Appeal filed Mar 19, 2010
Record filed May 14, 2010
Briefing ended Oct 22, 2010
Opinion issued May 3, 2011
Briefing started May 14, 2010
Sent to the court Oct 25, 2010
Submitted for decision Oct 25, 2010
Appellant Reply Brief Filed Oct 22, 2010
Appellant Opening Brief Filed Jul 15, 2010
Appellee Response Brief Filed Oct 1, 2010

Calculated

from the docket dates
Appeal filed to briefing start 56
Briefing days 160
Briefing start to opening brief filed 62
Classified to Opinion 167
Close of briefing to sent to court 3
Filing date to Opinion 410
Filing date to closed 444
Opening to response 77
Opinion to closed 33
Response to reply 20
Sent to court to classified 23
Submitted for decision to Opinion 190

Tags

Affirmed Amicus requested Closed Five Justice Panel Published opinion

Parties

Appellant
Missoula City Council
Represented by James P. Nugent
Appellant
Missoula, City of
Represented by James P. Nugent
Appellant
John Engen
Represented by James P. Nugent
Appellee
David Harmon
Represented by David Kim Wilson, Jr.
Appellee
Kathy Heffernan
Represented by David Kim Wilson, Jr.
Appellant
Muth-Hillberry, LLC
Represented by Donald V. Snavely
Appellee
North Duncan Drive Neighborhood Association, Inc.
Represented by David Kim Wilson, Jr.
Appellee
Robin Carey
Represented by David Kim Wilson, Jr.

Opinion

Heffernan v. Missoula City Council, 2011 MT 91

Affirmed on May 3, 2011, in a 5 to 0 published opinion.

Events

most recent first
Event - Case Closed Jun 6, 2011 3:51 PM Closing Notice
Record - DC Record Returned to District Court May 20, 2011 3:46 PM Record
Notice - Outgoing - Remittitur Issued May 19, 2011 4:13 PM Closing Notice
Opinion - Published - Nelson, affirmed May 3, 2011 4:51 PM Opinion
Order - Classified - Five Justice Panel Nov 17, 2010 10:47 AM Classifying Notice
Event - Case Sent to Court Oct 25, 2010 10:43 AM Classifying Notice
Brief - Appellant Reply (Muth-Hillberry) Oct 22, 2010 9:53 AM Appellant Reply Brief
Brief - Appellant Reply (Missoula City Council, City of Missoula, and John Engen, Mayor) Oct 22, 2010 9:49 AM Appellant Reply Brief
Brief - Revised Appellee Response Oct 1, 2010 10:03 AM Appellee Response Brief
Order - Deficiencies-Brief - Appellee's brief returned to comply with Rule 23(a)(4) and (b) - summary of argument Sep 28, 2010 11:37 AM Order - Deficiency
Brief - Amicus Curiae of Montana Environmental Information Center and Citizens for a Better Flathead Sep 24, 2010 2:49 PM Amicus Brief
Order - Grant - Extension of Time - Appellees are granted until 9/24/10 to file their brief and Appellant's reply brief shall be filed by 10/22/10 Aug 5, 2010 3:59 PM Order - Extension
Motion. Affidavit. - Unopposed - Extension of Time - Brief (Appellee). sent to Court Aug 2, 2010 11:59 AM Motion
Order - Grant; Amici Citizens and the Center shall file their Amici Brief on or before the deadline for Appellees Heffernan, et al., to file their brief Jul 21, 2010 3:11 PM Order - Other
Motion - Unopposed - Amicus - Leave to Participate (Citzens for a Better Flathead and Montana Environmental Info. Center) copies to Court Jul 20, 2010 2:30 PM Motion
Brief - Appellant (Muth-Hillberry) Jul 15, 2010 4:03 PM Appellant Opening Brief
Brief - Appellant (Missoula) Jul 15, 2010 4:01 PM Appellant Opening Brief
Brief - Amicus Jul 14, 2010 3:31 PM Brief
Order - The motion of Montana Association of Realtors is granted and their brief shall be filed no later than 7/15/10 Jun 23, 2010 4:15 PM Order - Other
Motion - Unopposed - Amicus - Leave to Participate. Copies to Court Jun 9, 2010 12:13 PM Motion
Extension - Grant of Extension - Appellant is given until 7/15/10 to file the opening brief Jun 3, 2010 9:58 AM Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) Jun 2, 2010 2:15 PM Motion
Notice - Outgoing - District Court Record Filed May 14, 2010 12:43 PM Record
Record - DC Record Filed (9 file folders; 3 binders constituting record of proceedings of Missoula City Council) May 13, 2010 12:36 PM Record
Notice - Outgoing - Appeal Notice Apr 5, 2010 1:29 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed (Missoula City Council, City of Missoula and John Engen, Mayor) Apr 2, 2010 1:26 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Mar 25, 2010 11:00 AM Notice - Outgoing
Fees - Appearance Fee Received Mar 19, 2010 11:11 AM Fees
Notice - Incoming - Notice of Appeal Filed Mar 19, 2010 10:59 AM Notice - Incoming