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BCPOA v. PLANNING & ZONING COM'N

No. 94-206.

890 P.2d 1268 (1995)

BRIDGER CANYON PROPERTY OWNERS' ASSOCIATION, INC., a Nonprofit Corporation, Plaintiff and Appellant, v. The PLANNING AND ZONING COMMISSION FOR the BRIDGER CANYON ZONING DISTRICT AND 360 RANCH CORPORATION, a Nevada corporation; and Bridger Bowl, Inc., Defendants and Respondents.

Supreme Court of Montana.

Decided March 2, 1995.

Rehearing Denied March 30, 1995.

Attorney(s) appearing for the Case

Stephen C. Pohl, Bozeman, for appellant.

Joseph W. Sabol, (360 Ranch), Mark D. Refling, Moore, O'Connell & Refling (Bridger Bowl), Michael Salvagni, Gallatin County Atty., Bozeman, for respondents.

NELSON, Justice.

This is an appeal from an Eighteenth Judicial District Court, Gallatin County, denial of a petition for writ of certiorari. We affirm in part and reverse in part.

We redefine the issues on appeal:

1. Did the District Court err in denying the writ of certiorari?

2. Did the Commission err in its conditional approval of 360 Ranch's Planned Unit Development, specifically, its approval of single family housing in the Bridger Bowl...

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