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Phillips v. City of Whitefish

Supreme Court of Montana

September 17, 2013

LYLE PHILLIPS, ANNE DEE RENO, TURNER ASKEW, and BEN WRITTEN, Plaintiffs and Appellees,
v.
CITY OF WHITEFISH, Defendant, Third-Party Plaintiff, and Appellant, and THE BOARD OF COMMISSIONERS OF FLATHEAD COUNTY, Defendant, Third-Party-Defendant, and Appellee, and DAN WEINBERG and ED McGREW, individually and on behalf of LET WHITEFISH VOTE, a ballot committee lawfully organized under the laws of Montana; MARY PERSON and MARILYN R. NELSON, Intervenors and Appellants.

ORDER

Appellant City of Whitefish has filed a motion asking this Court to exercise its discretion to designate this appeal as appropriate for mediation under M. R. App. P. 7(2)(d). Plaintiffs and Appellees have filed written objections to the request. They maintain that, under the City of Whitefish's own theories, a final settlement of this case is a legal impossibility.

Given the objection of the Plaintiffs and Appellees,

IT IS ORDERED that the motion to designate this appeal as appropriate for mediation is DENIED.

The Clerk is directed to provide copies of this order to all counsel of record.


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