RODNEY BRANDT, HEIDI BRANDT, MARSHALL FLADAGER, NEVA FLADAGER, ARRY LAUTARET, and RENA LAUTARET, Plaintiffs, Appellees, and Cross-Appellants, v. R&R MOUNTAIN ESCAPES, LLC, A MONTANA LIMITED LIABILITY COMPANY, Defendant, Appellant, and Cross-Appellee

RODNEY BRANDT, HEIDI BRANDT, MARSHALL FLADAGER, NEVA FLADAGER, ARRY LAUTARET, and RENA LAUTARET, Plaintiffs, Appellees, and Cross-Appellants, v. R&R MOUNTAIN ESCAPES, LLC, A MONTANA LIMITED LIABILITY COMPANY, Defendant, Appellant, and Cross-Appellee. Oral Argument is set for Wednesday, March 19, 2025, at 9:30 a.m. in the courtroom of the Montana Supreme Court, Joseph P. Mazurek Justice Building, Helena, Montana. The Brandts, Fladagers, Lautarets, and R&R Mountain Escapes all own parcels of real estate in Whitefish that are subject to covenants and restrictions that limit the properties to “residential living.” The covenants and restrictions prohibit “any . . . commercial purpose whatsoever” and provide that structures on the property may not be used as an apartment or multi-family structure. In June 2022, R&R applied to Flathead County for a permit to use its property as a short-term rental. The County approved the permit over the Brandts’ objection. R&R then marketed the property as a short-term rental. The Brandts, Fladagers, and Lautarets sued R&R, arguing that short-term rentals violate the covenants and restrictions. The District Court granted summary judgment in their favor and enjoined R&R from allowing rentals for periods of less than 30 days. The court concluded that the prohibition against “any . . . commercial purpose whatsoever” included short-term rental use. However, the court declined to award attorney fees because it found the language in the covenants and restrictions to be ambiguous. R&R appeals the injunction against short-term rental use of its property. The Brandts, Fladagers, and Lautarets appeal the denial of attorney fees.

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