Roaring Lion v. YC Properties

Summary

The court held that the District Court improperly converted YC Properties’ motion to dismiss into a motion for summary judgment because the court did not need to consider materials outside the pleadings and conversion prematurely deprived Plaintiffs of an opportunity to answer and conduct discovery. The court further held that Plaintiffs’ complaint adequately pleaded abuse of process and malicious prosecution under Montana’s liberal notice-pleading standard. The judgment was reversed and the case was remanded for further proceedings.