The City of Missoula appeals this determination. This Court reviews a district court's grant of a motion for summary judgment de novo. When we review an order of summary judgment we apply the same criteria as the district court and are guided by Rule 56, M.R.Civ. Our inquiry thus is whether a genuine issue of material fact exists and whether the moving party is entitled to judgment as a matter of law. The City of Missoula has not raised any issue of material fact in this matter.
Summary judgment is therefore appropriate as a matter of law.
Western Industries, Inc. v. The tracts annexed by the City of Missoula fail to meet the first prong of this test. The City only borders a small portion of some of the residential properties and on others it does not border the residential tract at all. Therefore, it is not necessary to reach the second prong of the Calvert test and determine whether the tracts are only accessible by crossing city territory. We note that the City of Missoula also raises the issue of whether the Missoula Rural Fire District has standing to challenge municipal annexation because it is not a property owner of land within the area to be annexed.