Norbeck v. Flathead CountyAnnotate this Case
The Supreme Court affirmed the orders of the district court granting summary judgment to the State of Montana Department of Environmental Quality (DEQ), Birk Engineering and Bret A. Birk (Birks) and Flathead County on Amber Norbeck and Andrew Norbeck's complaint asserting violations of the Montana Unfair Trade Practices and Consumer Protection Act, negligence, negligent misrepresentation, continuing nuisance, and constructive fraud, holding that the district court did not err in granting summary judgment to Defendants.
After the Norbecks built a home in a subdivision they experienced flooding and ongoing water quality issues. When the Norbecks could not sell their home using conventional financing due to DEQ violation notices the Norbecks brought this suit. The district court granted summary judgment to Defendants. The Supreme Court affirmed, holding that the district court correctly determined that the Norbecks' claims were not commenced within the applicable statutes of limitation.