Touris v. Flathead County
Annotate this CaseAppellants Mike Touris and Chuck Sneed filed a petition for judicial review after the County Board of Commissioners denied Appellants' request for a zoning change. Appellants subsequently moved to dismiss the action (Touris I) with prejudice, and the district court granted the motion. Appellants then filed the current action (Touris II), setting forth a factual scenario identical to Touris I and asserting eleven counts. The County moved to dismiss Touris II, and the district court entered an order dismissing some but not all of the counts. The County then amended its answer in Touris II to include res judicata as an affirmative defense. The County moved for summary judgment on the remaining counts in Touris II, asserting the action was barred by res judicata. The district court entered an order dismissing Touris II. On appeal, the Supreme Court affirmed, holding (1) the district court correctly concluded that res judicata barred Appellants' claims, and (2) the County did not waive its right to assert res judicata.
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