Rush v. White Corp.
Annotate this CaseSpanish Peaks is a 3000-acre luxury resort in Big Sky Country, Montana. Development began in 2002; featured residences were to be “high-end settlement cabins,” close to a massive lodge, containing restaurants, stores, recreation facilities, and other amenities. Beginning in 2004 the five plaintiffs acquired eight undeveloped lots in Spanish Peaks and five with cabins--one cost over $3,000,000. By July 2011 all but two of the 13 properties had been lost, usually by foreclosure. The developer was bankrupt. Plaintiffs alleged fraud and negligence in construction and in soil remediation, asserting that Spanish Peaks was a “landslide complex.” Plaintiffs made numerous procedural mistakes: though four of the five plaintiffs had taken title via LLCs, the lawsuit was brought in their individual names; their statement of facts did not comply with the Rules of Court, despite two opportunities to comply. The court granted the defendants summary judgment based on plaintiffs’ noncompliance. The court of appeal affirmed; the trial court did not abuse its discretion. “The trial court specified deficiencies in appellants’ initial filing, identified the precise manner in which those deficiencies could be rectified, and afforded appellants ample opportunity to prepare new papers in compliance with applicable rules. Precisely this and no more was required.”
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