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ALDEN v. BOARD OF ZONING COMMISSIONERS

No. 12749.

528 P.2d 1320 (1974)

Robert R. ALDEN, Plaintiff and Appellant, v. BOARD OF ZONING COMMISSIONERS et al., Defendant and Respondent.

Supreme Court of Montana.

Decided December 10, 1974.

Attorney(s) appearing for the Case

John L. Hamner argued, Butte, for plaintiff and appellant.

Lawrence G. Stimatz, County Atty., Butte, for defendant and respondent.

CASTLES, Justice.

This is an appeal by a property owner from an order of the district court, Silver Bow County, dismissing the property owner's appeal from a ruling of the Board of County Commissioners in a zoning matter.

This is an unusual and unprecedented situation where the respondent-defendant Board does not appear by brief or argument, even though this Court issued an order to show cause as to why such appearance was not made. Under such situation this...

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