Flathead Prop. v. Flathead Cty

Summary

The Montana Supreme Court held that Flathead Properties sufficiently pleaded claims for inverse condemnation and, alternatively, regulatory taking to survive dismissal under Rule 12(b)(6). The complaint alleged that the County issued a permit, the owner relied on it to construct a bridge, and a later court order required the bridge's removal, potentially implicating a protected property interest and compensable damage. The court therefore reversed the dismissal with prejudice.