Association of Unit Owners of the Deer Lodge Condominium v. Big Sky of Montana, Inc., 798 P.2d 1018 (1990)

Citation: Association of Unit Owners of the Deer Lodge Condominium v. Big Sky of Montana, Inc., 798 P.2d 1018 (1990)
Parent Document: Association of Unit Owners of the Deer Lodge Condominium v. Big Sky of Montana, Inc., 798 P.2d 1018 (1990)
Jurisdiction: Montana (state)
Effective Date: 1990-09-24
Original Source: https://www.courtlistener.com/opinion/880687/association-of-unit-owners-of-th... ↗

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After the fire litigation started, the unit owners were
advised that the buildings contained other structural defects of
a serious nature.     A second lawsuit involving many of the same
parties was filed on November 1, 1984.   That case was known to the
parties as the lvStructurevv
                          case. This action was known to them as
the l1FireI1case.
       The Structure case came to this Court in a proceedings for
supervisory control in State ex rel. Boyne USA, Inc. v. District
Court of Fifth Judicial District (1987), 228 Mont. 314, 742 P.2d
464.    In that original proceedings, this Court directed that the
Structure case proceed as a class action on the part of the unit
owners as plaintiffs.
       On February 26, 1987, the District Court entered a stay order
prohibiting any further action in the Fire case.       The ~istrict
Court allowed the Structure case to proceed.   On May 28, 1985, the
unit owners in the Fire case made a motion to consolidate the fire
case with the Structure case. The motion to consolidate was denied
by the District Court on July 8, 1985.

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