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CITY OF MISSOULA v. MISSOULA COUNTY

No. 10198.

362 P.2d 539 (1961)

CITY OF MISSOULA, a Municipal Corp., of the State of Montana, Plaintiff and Respondent, v. MISSOULA COUNTY, a Political Subdivision of the State of Montana, and J.J. Howe, W.H. Stoutenburg and William Lucier, as the Board of County Commissioners of Missoula County, Montana, and William Lucier, H.W. Stoutenburg, J.J. Howe, A.B. Jungers and Vernon R. Peterson, as the Planning and Zoning Commission of Missoula County, Montana, Defendants and Appellants.

Supreme Court of Montana.

Decided June 12, 1961.

Attorney(s) appearing for the Case

Anthony F. Keast, Harold J. Pinsoneault, County Atty., Missoula, argued orally for appellants.

Jack L. Green, City Atty., Missoula, argued orally for respondent.

CASTLES, Justice.

This is an appeal from a judgment of the district court holding that Chapter 41, of Title 16, R.C.M. 1947, enacted as Chapter 154, Laws of 1953, is unconstitutional as a delegation of legislative powers in violation of Article IV, § 1.

The cause involves the validity of county zoning laws. It arose upon an appeal by the City of Missoula from the action of the Missoula County Planning and Zoning Commission. Such Commission was created...

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