February 11, 2014
M. STACEY PALMER, M. STACEY PALMER TRUST, Plaintiff and Appellant,
ROBERT QUINN, AMF CONTRACTING, SHAWN JOHNSTON, STEVE JOHNSTON, and GARY PERREN and CITY OF THREE FORKS, MAYOR GENE TOWNSEND, RAY NOBLE and C & H ENGINEERING & SURVEYING, INC. MARK CHANDLER, MATT COTTERMAN AND JOHN DOES 1 THROUGH 20, Defendants and Appellees.
Appellant M. Stacey Palmer petitions this court for rehearing of our December 31, 2013 decision, Palmer v. Quinn, 2013 MT 378N, affirming the District Court's judgments in favor of Defendants. Responses have been filed on behalf of the City of Three Forks, Mayor Gene Townsend, Ray Noble, Robert Quinn, AFM Contracting, Shawn Johnston, and Steven Johnston.
Petitions for rehearing are rarely granted. This Court will consider a petition for rehearing only on the following grounds: "(0 [t]hat it overlooked some fact material to the decision; (ii) [t]hat it overlooked a question presented by [the parties] that would have proven decisive to the case; or (iii) [t]hat its decision conflicts with a statute or controlling decision not addressed by the supreme court." M. R. App. P. 20(1)(a).
Having considered Palmer's petition for rehearing and the Appellees' responses, we conclude that Palmer has failed to demonstrate that the Court overlooked a fact material to the decision or that its decision conflicts with controlling authority not addressed in the opinion.
IT IS THEREFORE ORDERED that the petition for rehearing is DENIED.