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Bardsley v. Pluger

Bardsley v. Pluger, 2015 MT 301 (Oct. 20, 2015) (McKinnon, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the district court abused its discretion by issuing an amended order of protection; (2) whether the district court abused its discretion by denying the Plaintiffs’ motion to amend their complaint; (3) whether the district court erred by granting Defendants’ motion for summary judgment; and (4) whether the district court abused its discretion by awarding Defendants attorney’s fees.

Short Answer: (1) Yes; (2) no; (3) no; and (4) no.

Affirmed (2, 3, 4) and reversed (1)

Facts: Scott Bardsley owns property in Troy where he lives with his partner, Dora. Defendants Earnest Anderson and Lizann Pluger live on the adjacent property, owned by Lizann’s uncle, Edwin Pluger.…