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Barile v. Butte High School

Supreme Court of Montana

September 17, 2013

JODY BARILE, d/b/a TRIPP AND DRAGSTEDT APARTMENTS, and JAMES KUSS, Plaintiffs and Appellants,
v.
BUTTE HIGH SCHOOL, BUTTE SCHOOL DISTRICT NO. 1, BUTTE SCHOOL BOARD, Defendants, ATLANTIC RICHFIELD CO., and JOHN DOES 1 through 10, Defendants and Appellees

Submitted on Briefs: July 31, 2013

District Court of the Second Judicial District, In and For the County of Silver Bow, Cause No. DV 03-51 Honorable Loren Tucker, Presiding Judge

For Appellants: Bernard J. (Ben) Everett, Everett Law, PLLC

Wade J. DaHood, Knight, DaHood, Everett & Sievers

For Appellees: Robert Cameron, KD Feeback, Gough, Shanahan, Johnson & Waterman, PLLP

OPINION

Brian Morris, Justice

¶1 Appellants Jody Barile, d/b/a Tripp and Dragstedt Apartments (Barile), and James Kuss (Kuss), appeal the denial by the Second Judicial District Court, Silver Bow County, of their motion for judgment as a matter of law and their motion for a new trial. We affirm.

¶2 We address the following issues on appeal:

¶3 Whether the District Court correctly denied Barile's Rule 50 motion for judgment as a matter of law.

¶4 Whether the District Court correctly denied Barile's Rule 59 motion for a new trial.

PROCEDURAL AND FACTUAL BACKGROUND

¶5 The Tripp and Dragstedt Apartments are located in uptown Butte, Montana. The historical building sits immediately to the west of Butte High School. The building, originally constructed in 1916, was the largest apartment house between St. Paul and Spokane when it was built. The Tripp and Dragstedt Apartments remains Butte's largest apartment house. The five story brick building houses 36 apartment units plus a penthouse apartment.

¶6 Barile purchased the Tripp and Dragstedt Apartments from the McGree Corporation in 1997. Barile worked with Kuss to restore and remodel the apartment building. Barile and Kuss noticed hairline cracks that started to appear in the building's exterior brick structure in the early 2000s.

ΒΆ7 Butte grew up around mining. T he honeycomb of mining tunnels that uncoil beneath the city serve as a living proof of Butte's mining heritage. Underground mining in the vicinity of the Tripp and Dragstedt Apartments first began in the 1890s with the Travona Mine and the Emma Mine. Of the two ...


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