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MARTZ v. BUTTE-SILVER BOW GOVERNMENT

No. 81-237.

641 P.2d 426 (1982)

Harry G. and Lillian MARTZ, husband and wife, et al., Plaintiffs and Respondents, v. BUTTE-SILVER BOW GOVERNMENT, State of Montana, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided January 26, 1982.

Rehearing Denied March 9, 1982.

Attorney(s) appearing for the Case

Robert M. McCarthy argued, County Atty., Butte, for defendants and appellants.

Cannon, Parish & Sheehy, Helena, Ross W. Cannon argued and Edmund F. Sheehy argued, Helena, for plaintiffs and respondents.

WEBER, Justice.

Defendant appeals from summary judgment in the District Court of Butte-Silver Bow in which Butte-Silver Bow Ordinance No. 53 was found to be (1) invalid because it was enacted in violation of Montana laws governing zoning, and (2) unconstitutionally exclusive because it restricted mobile homes and mobile home parks to an impermissibly small percentage of the area zoned. We vacate the summary judgment and remand to the District Court for further proceedings...

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