CITY OF BOZEMAN v. RACICOT

No. 91-462.

832 P.2d 767 (1992)

CITY OF BOZEMAN, a municipal corporation and a political subdivision of the State of Montana, Plaintiff and Appellant, v. Marc RACICOT, Attorney General for the State of Montana, and Gallatin County, a political subdivision of the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided May 21, 1992.


Attorney(s) appearing for the Case

Bruce E. Becker, Bozeman City Atty., Bozeman, for plaintiff and appellant.

Marc Racicot, Atty. Gen., Peter Funk, Asst. Atty. Gen., Helena, Michael Salvagni, Gallatin County Atty., Bozeman, for defendants and respondents.


GRAY, Justice.

The City of Bozeman appeals from a decision and order of the District Court of the First Judicial District, Lewis and Clark County. The District Court's ruling upheld an opinion by the Attorney General that the board of county commissioners of Gallatin County, and not the city commission of Bozeman, has final authority to approve subdivisions that are within the three-mile area immediately outside Bozeman's corporate limits. We affirm.

The issue...

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