Opinion
DA 23-0537
10-10-2023
BLUEMOON REFINERY, LLC, a Montana Limited Liability Company, Petitioner and Appellee. v. FLATHEAD COUNTY, a political subdivision of the State of Montana acting through its Commissioners, Respondent and Appellant.
ORDER
Appellee Bluemoon Refinery, LLC, moves to dismiss Flathead County's appeal on the ground that the underlying variance dispute has been mooted by the County's subsequent action granting the final plat and variance. Alternatively, Bluemoon requests the Court to order that the appeal is not subject to mandatory appellate mediation under M. R. App. 7. In response, Flathead County clarifies that the only order it appeals in this matter is the District Court's award of $2,635.18 in costs against the County. The County agrees that the costs award does not present an issue for which Rule 7 requires mediation and has filed an Amended Notice of Appeal to clarify.
Having reviewed the parties' submissions, the Court
HEREBY ORDERS that the Motion to Dismiss the Appeal is DENIED.
IT IS FURTHER ORDERED that Appellant's Amended Notice of Appeal, including its assertion that this matter is not subject to the mandatory appellate alternative dispute resolution set forth in M. R. App. P. 7. is ACCEPTED AS FILED. Briefing shall proceed in accordance with the Montana Rules of Appellate Procedure.
The Clerk is directed to notify all counsel of the entry of this Order.