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BRYANT DEVELOPMENT ASSOCIATION v. DAGEL

No. 12825.

531 P.2d 1320 (1975)

BRYANT DEVELOPMENT ASSOCIATION, Plaintiff and Appellant, v. Ted DAGEL et al., Defendants and Respondents, v. RECTOR'S GARAGE INC., Defendant and Third-Party Plaintiff, v. BRYANT DEVELOPMENT ASSOCIATION et al., Third-Party Defendant-Respondent.

Supreme Court of Montana.

Decided February 21, 1975.

Attorney(s) appearing for the Case

Smith & Harper, Charles A. Smith, (argued), Helena, for appellant.

Towe, Neely & Ball, William L. Madden, Jr. (argued), Billings, for respondents.

CASTLES, Justice.

This case is before the Court on the appeal of Bryant Development Association and the crossappeal of Rector's Garage, Inc., from an order of the district court, Lewis and Clark County, which sustained a decision of the Lewis and Clark County Board of Adjustment granting Rector's Garage, Inc., a variance from an emergency residential zoning resolution.

Since 1969 Rector's Garage, Inc., hereinafter referred to as respondent, has owned and operated...

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