07/18/2024

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0728

DA 23-0728 _________________ GBSB HOLDING, LLC, Plaintiff and Appellant, v. FLATHEAD COUNTY BOARD OF COUNTY COMMISSIONERS AND FLATHEAD COUNTY, MONTANA; WHITEFISH VILLAGE, LLC; WILLIAM F. OSWALD AND JULIANA M. OSWALD, Co-Trustees of the Oswald Family Trust dated May 23, 2016; SHAWN PATRICK JAMES AND KRISTIN PATRICIA BELL; WHITEFISH HILLS VILLAGE HOMEOWNERS ASSOCIATION, INC.; and JOHN DOES 1 AND 2, ORDER Defendant and Appellee.

WHITEFISH HILLS VILLAGE HOMEOWNERS ASSOCIATION, INC., Plaintiff, v. FLATHEAD COUNTY, Defendant, GBSB, Holdings LLC, Intervenor. _________________

This Court reviews briefs to ensure compliance with Rules 11 and 12 of the Montana Rules of Appellate Procedure. After reviewing the Appellee’s response brief filed electronically on July 17, 2024, this Court has determined that the brief does not comply with the below-referenced Rule and must be resubmitted.

M. R. App. P. 12(1)(f) requires a summary of the argument before the argument portion of the brief. The summary of the argument should include a heading identifying it as a separate section. The summary should be a clear and concise statement of the arguments made in the body of the brief. Appellee’s response brief does not contain a summary of the argument.

Therefore, IT IS ORDERED that the referenced brief is rejected.

IT IS FURTHER ORDERED that within ten (10) days of the date of this Order the Appellee shall electronically file with the Clerk of this Court a revised brief containing the revisions necessary to comply with the specified Rule[s] and that the Appellee shall serve copies of the revised brief on all parties of record; IT IS FURTHER ORDERED that no changes, additions, or deletions other than those specified in this Order may be made to the brief as originally filed; and IT IS FURTHER ORDERED that the times for any subsequent briefing contained in M. R. App. P. 13 shall run from the date of filing of the revised brief.

The Clerk is directed to provide a true copy of this Order to the Appellee and to all parties of record.

Electronically signed by: Dirk Sandefur Justice, Montana Supreme Court July 18 2024