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ALLEN v. FLATHEAD CTY.

No. 14709.

601 P.2d 399 (1979)

David G. ALLEN and Eleanor M. Allen, husband and wife, Plaintiffs and Appellants, v. FLATHEAD COUNTY, a body corporate, and the Flathead County Board of Commissioners Defendants and Respondents.

Supreme Court of Montana.

Decided October 18, 1979.

Attorney(s) appearing for the Case

Astle & Astle, Kalispell, William Astle (argued), Kalispell, for plaintiffs and appellants.

Ted O. Lympus, County Atty., Kalispell, Jonathan B. Smith, Deputy Co. Atty. (argued), Kalispell, for defendants and respondents.

HARRISON, Justice.

This is a motion for declaratory judgment against respondents, Flathead County and its Board of County Commissioners, to have the Lower Valley Zoning District and its zoning regulations declared invalid because of an alleged noncompliance with zoning enabling legislation under section 76-2-201, MCA.

The parties submitted an agreed statement of facts and stipulation of evidence. A county planning board was created for the purposes of planning...

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