Case Summary Citation

2013 MT 243, 371 Mont. 356, 308 P.3d 88


The Montana Supreme Court affirmed the Fourth Judicial District Court’s holding that Montana Code Annotated § 76-2-205(6) was an unconstitutional delegation of legislative power. The statute contains a “protest provision” which enabled landowners owning 50% of the property taxed as forest or agriculture to stop zoning decisions. The case resulted from efforts by Missoula County to zone land north of Lolo to address public health and safety concerns posed by gravel mining, and asphalt production operations, proposed by Liberty Cove, Inc. The Court also found the protest provision of the statute severable from the general zoning power.[1]

[1] Williams, ¶¶ 70-71.

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