WLW Realty Partners, LLC v. Continental Partners VIII, LLC, 2015 MT 312 (Nov. 3, 2015) (Cotter, J.) (5-0, rev’d)
Issue: (1) Whether Continental preserved its argument about the legal requirements of negligent misrepresentation by raising it in a reply brief supporting a motion in limine; (2) whether the district court erred by imposing liability on Continental for negligent misrepresentation; and (3) whether the district court erred by finding Continental violated the Montana Consumer Protection Act.
Short Answer: (1) Yes; (2) yes; and (3) yes.
Reversed and remanded for entry of judgment for Continental
Facts: Continental bought a lot with two building parcels from Yellowstone Development in 2004. In the buy-sell, the parties agreed that Yellowstone Development would provide the lots with ski-in and ski-out access.…