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ANDERSON INS. v. CITY OF BELGRADE

No. 90-238.

803 P.2d 648 (1990)

MACK T. ANDERSON INSURANCE AGENCY, INC., Plaintiff and Appellant, v. CITY OF BELGRADE, Montana, A Municipal Corporation organized under the laws of the State of Montana and Belgrade Board of Adjustment, Defendants and Respondents.

Supreme Court of Montana.

Decided December 20, 1990.

Attorney(s) appearing for the Case

McKinley Anderson, Joseph W. Sabol, Bozeman, for plaintiff and appellant.

William Schreiber, City Atty., Belgrade, for defendants and respondents.

Leo Ward, Browning, Kaleczyc, Berry & Hoven, P.C., Helena, for amicus curiae Montana League of Cities and Towns.

Roger Tippy, Tippy & McCue, Helena, for amicus curiae Montana Manufactured Housing and Recreational Vehicle Ass'n.

BARZ, Justice.

Plaintiff, Mack T. Anderson Insurance Agency Inc., appeals from an order of the Gallatin County District Court granting summary judgment in favor of defendants City of Belgrade and the Belgrade Board of Adjustment and dismissing plaintiff's complaint which challenged the constitutionality of a Belgrade zoning ordinance. The District Court affirmed the Belgrade Board of Adjustment's decision which upheld the denial of plaintiff's application for a building...

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