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STATE EX REL. LEACH v. VISSER

No. 88-211.

767 P.2d 858 (1988)

The STATE of Montana, ex rel., Tammy L. LEACH and Craig S. Leach, Gregory Leach, and Susan Leach, Petitioners and Appellants, v. Wilbur VISSER, Jane Jelinski, and Ramon S. White, The Gallatin County Board of Commissioners, Respondents and Rrespondents

Supreme Court of Montana.

Decided November 1, 1988.

Rehearing Denied February 3, 1989.

Attorney(s) appearing for the Case

Eula Compton, Bozeman, for petitioners and appellants.

A. Michael Salvagni, Co. Atty., Bozeman, James D. McKenna, Deputy Co. Atty., for respondents and respondents.

SHEEHY, Justice.

State law permits a single division of a parcel of land outside of platted subdivisions without a local subdivision review when the transaction is an occasional sale. An "occasional sale" means one sale of a division of land within any 12 month period. State law also limits a single division of a parcel of land if "the method of disposition is adopted for the purpose of evading" local subdivision review. Gallatin County has adopted Subdivision Regulation...

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