Nos. 87-3605 and 87-3640.

857 F.2d 1300 (1988)

Gerald BATESON, Plaintiff-Appellee/Cross-Appellant, v. P. William GEISSE; Michael Cucciardi; Jim Gonzales; Walter Persoma, Jr.; Marion Dozier; John Michunovich; C. Dale Vermillion; and City of Billings, a municipal corporation, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 20, 1988.

Attorney(s) appearing for the Case

Ken D. Peterson, Peterson, Schofield and Leckie, Billings, Mont., for defendants-appellants/cross-appellees.

Robert L. Stephens, Jr., Stephens Law Firm, P.C., Billings, Mont., for plaintiff-appellee/cross-appellant.

Before WRIGHT, BRUNETTI and TROTT, Circuit Judges.

BRUNETTI, Circuit Judge:

This case involves a controversy over the use of land within the City of Billings between the appellee Gerald Bateson, a self-employed builder, and the appellants, individual city council members and the City of Billings. Bateson purchased certain real property within Billings for $435,000.00 intending to build on the property a condominium development, a use which complied with the applicable zoning...

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