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PETTY v. FLATHEAD CTY. BD. OF CTY. COM'RS

No. 87-485.

754 P.2d 496 (1988)

Jack PETTY, Plaintiff and Appellant, v. FLATHEAD COUNTY BOARD OF COUNTY COMMISSIONERS, Allen Jacobson, Kenneth Krueger, and Howard Gipe, and Flathead County, Montana, a political body, Defendants and Respondents.

Supreme Court of Montana.

Decided April 25, 1988.

Rehearing Denied May 12, 1988.

Attorney(s) appearing for the Case

Richard DeJana, Kalispell, for plaintiff and appellant.

Ted O. Lympus, Co. Atty., Kalispell, Dennis Hester, Deputy Co. Atty., for defendants and respondents.

McDONOUGH, Justice.

This case involves the creation of a zoning district by the Flathead County Board of County Commissioners (Board). Appellant Jack Petty sued the Board claiming that the Board's failure to follow the proper procedures for creating a zoning district voided the zoning district where Mr. Petty had recently purchased property. The District Court granted a motion for summary judgment made by the Board holding...

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