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Phillips v. City of Whitefish

Supreme Court of Montana

January 28, 2014

LYLE PHILLIPS, ANNE DEE RENO, TURNER ASKEW, and BEN WHITTEN, 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

Plaintiffs have filed a Motion to Strike portions of affidavits filed by the City of Whitefish (City) in support of its opening brief on appeal. The City has filed a response. The question before the Court is whether portions of the affidavits in question contain inadmissible evidence and are based in part on speculation, and whether we should strike those offending portions of the affidavits. Plaintiffs argue that the affidavits are cited "dozens of times" in the City's opening brief on appeal. The City objects, and urges us to reject the Plaintiffs' arguments with respect to the affidavits on numerous grounds.

As we stated in our Order of January 7, 2014, this matter is not yet fully briefed. Once the briefs are completed and presented to the Court for review, we will then be in a position to review the briefs and the affidavits in context. We will consider the motion to strike and the City's opposition to the motion at that time. Therefore,

IT IS ORDERED that the motion to strike and the response thereto are TAKEN UNDER ADVISEMENT.

The Clerk of this Court is directed to provide notice of this Order to all counsel of record.


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