Citizens v. Sanders Co. Commissioners

DA 08-0045 ·Direct Appeal ·Closed
Docket DA 08-0045
Type Direct Appeal — Other
Outcome Reversed
Lower court case SANDERS COUNTY DISTRICT COURT
Lower court judge Hon. C.B. McNeil

Key dates

Closed Jun 10, 2009
Classified Feb 12, 2009
Appeal filed Jan 25, 2008
Record filed Apr 29, 2008
Briefing ended Oct 31, 2008
Opinion issued May 22, 2009
Briefing started Apr 29, 2008
Sent to the court Nov 3, 2008
Submitted for decision Nov 3, 2008
Appellant Reply Brief Filed Oct 31, 2008
Appellant Opening Brief Filed Sep 19, 2008
Appellee Response Brief Filed Oct 20, 2008

Calculated

from the docket dates
Appeal filed to briefing start 95
Briefing days 185
Briefing start to opening brief filed 142
Classified to Opinion 99
Close of briefing to sent to court 3
Filing date to Opinion 483
Filing date to closed 502
Opening to response 31
Opinion to closed 19
Response to reply 11
Sent to court to classified 100
Submitted for decision to Opinion 199

Tags

Closed Final Order Issued Five Justice Panel Published opinion Reversed

Parties

Appellee
Board of County Commissioners, Sanders County, Montana
Represented by Allen B. Chronister
Appellant
Citizens For Responsible Development
Represented by Jack R. Tuholske
Appellant
Dan Sloan
Represented by Jack R. Tuholske
Appellee
The Lakes of Heron Montana, LLC
Represented by Zane K. Sullivan

Opinion

Citizens v. Sanders Co. Commissioners, 2009 MT 182

Reversed on May 22, 2009, in a 5 to 0 published opinion.

Events

most recent first
Event - Case Closed Jun 10, 2009 1:44 PM Closing Notice
Record - DC Record Returned to District Court Jun 10, 2009 1:44 PM Record
Notice - Outgoing - Remittitur Issued Jun 10, 2009 11:48 AM Closing Notice
Opinion - Published; Rice, reversed and remanded May 22, 2009 11:54 AM Opinion
Order - this matter, including issuance of final plat, is STAYED pending issuance of this Court's decision Apr 29, 2009 2:37 PM Order - Other
Order - the motion to strike is DENIED Apr 22, 2009 9:09 AM Order - Other
Event - Sent to Court- Motion for Relief. Response Apr 21, 2009 10:11 AM Event
Intervenor's Response to Appellant Citizens for Responsible Development's Motion for Relief from Order Denying Injunction Pending Appeal Apr 20, 2009 10:07 AM Other
Motion - Opposed - Appellant's Motion for Relief from Order Denying Injunction pending appeal, and Brief in Support. holding for objection Apr 9, 2009 1:25 PM Motion
Event - Sent to Court-Pleadings; Motion to Strike and Response to Motion Apr 9, 2009 1:19 PM Event
Response - to Motion to Strike. copies to Court Apr 9, 2009 1:17 PM Response
Motion - Opposed - to Strike Notice of Suppl. Authority. holding for objection Apr 8, 2009 2:38 PM Motion
Notice - Incoming - Supplemental Authority. Copies to Court Apr 6, 2009 12:37 PM Notice - Incoming
Order - Deny; Appellant's motion to expedite decision is DENIED Mar 11, 2009 11:13 AM Order - Other
Motion - to Expedite Decision. copies to Court Mar 3, 2009 2:03 PM Motion
Order - Classified - Five Justice Panel Feb 12, 2009 10:14 AM Classifying Notice
Selection of electronic notification - Tuholske Jan 26, 2009 3:40 PM Other
Order - Movant's motion is taken under advisement pending review of briefs Dec 31, 2008 12:34 PM Order - Other
Notice - Incoming - Attorney Substitution/Withdrawal (Richard Larson for Allen Chronister) Dec 31, 2008 9:36 AM Notice - Incoming
Event - Sent to Court-Pleadings; Motion to Strike and Response Dec 18, 2008 2:46 PM Event
Response/Objection - to Motion to Strike. copies to Court Dec 17, 2008 2:44 PM Response
Motion - Opposed - Strike. holding for objection Dec 12, 2008 1:24 PM Motion
Event - Case Sent to Court Nov 3, 2008 3:15 PM Classifying Notice
Brief - Appellant Reply Oct 31, 2008 3:12 PM Appellant Reply Brief
Order - Appellants are granted until 10/31/08 to file their consolidated reply brief Oct 22, 2008 4:25 PM Order - Other
Motion - Unopposed -to file Consolidated brief. sent to Court Oct 21, 2008 10:09 AM Motion
Brief - Appellee (The Lakes of Heron Montana) Oct 20, 2008 12:54 PM Appellee Response Brief
Order - Deny; motion to remand is denied Oct 15, 2008 8:17 AM Order - Other
Brief - Appellee (Board of County Comissioners) Oct 10, 2008 11:07 AM Appellee Response Brief
Event - Sent to Court - Motion for Remand. Response to Motion for Remand Oct 6, 2008 9:06 AM Event
Appellants' Response to Motion for Remand Oct 3, 2008 9:05 AM Other
Motion - Opposed - Remand to District Court. holding for objection Sep 24, 2008 4:39 PM Motion
Order - Grant - Extension of Time until Oct. 9, 2008, to file Appellant's Brief. (Brief filed on 9/19/08) Sep 24, 2008 2:45 PM Order - Extension
Brief - Appellant Sep 19, 2008 10:57 AM Appellant Opening Brief
Event - Sent to Court-Pleading (Appellant's motion for extension and response) Sep 18, 2008 3:07 PM Event
Response/Objection to Appellant's motion for extension Sep 17, 2008 3:05 PM Response
Motion - Opposed - Extension of Time - Brief (Appellant) holding for objection Sep 10, 2008 11:32 AM Motion
Notice - Incoming - Appearance (David Wiilson, Co-Counsel for Appellants) Aug 25, 2008 11:42 AM Notice - Incoming
Order - Grant; Motion for briefing schedule is granted. Appellant's brief is due 30 days from the date of this order. Briefing times shall be in accordance with MRAppP Aug 20, 2008 9:58 AM Order - Other
Motion - Intervenor's Unopposed Motion for Briefing Schedule. copies to Court Jul 10, 2008 11:03 AM Motion
Order - Intervenor's motion to withdraw its motion to dimiss CRD for lack of standing is GRANTED Jun 11, 2008 2:20 PM Order - Other
Motion - Unopposed - Intervenor's Motion to Withdraw its Motion to dismiss. copies to Court Jun 3, 2008 10:33 AM Motion
Notice - Outgoing - District Court Record Filed Apr 29, 2008 11:04 AM Record
Record - DC Record/Exhibits Filed (2 folders, bound DC doc. #31; 7 bound exhibits) Apr 29, 2008 10:58 AM Record
Order - motion for leave to file reply brief held in abeyance pending issuance of our opinion is Swan Lakers. No further pleadings, motions or other docs. shall be filed until after decision in Swan Lakers. (actual reply placed w/case w/copy of order) Apr 16, 2008 11:43 AM Order - Other
Event - Sent to Court-Pleadings; Motion for leave to File Reply Brief and Opposition to Motion for leave Apr 8, 2008 10:33 AM Event
Response/Objection - Appellant's Opposition to Motion to file a Reply Brief. copies to Court Apr 8, 2008 10:27 AM Response
Motion - Opposed - Intervenor's Motion for leave to file Reply Brief addressing the "Standing for One, Standing for All" Doctrine. holding for objection Apr 4, 2008 1:43 PM Motion
Order - Intervenor's motion to dismiss will be held in abeyance pending the issuance of an opinion in Swan Lakers Apr 2, 2008 10:33 AM Final Order
Event - Sent to Court - Appellee's (Intervenor) motion to dismiss. Appellant's response to motion to dismiss Mar 24, 2008 11:38 AM Event
Appellants/Petitioners Response to Intervenor's Motion to Dismiss Mar 24, 2008 11:35 AM Other
Motion - Opposed - Dismiss - Appellee's (Intervenor) holding for objections Mar 14, 2008 10:58 AM Motion
Notice - Outgoing - Appeal Notice Jan 25, 2008 1:12 PM Notice - Outgoing
Notice - Outgoing - Appearance Fee Paid Jan 25, 2008 1:11 PM Notice - Outgoing
Fees - Appearance Fee Received Jan 25, 2008 1:10 PM Fees
Notice - Incoming - Notice of Appeal Filed Jan 25, 2008 1:06 PM Notice - Incoming