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BOLAND v. CITY OF GREAT FALLS

No. 95-285.

910 P.2d 890 (1996)

Marguerite BOLAND; Thomas F. and Ruth Corbally; Brian Birkenbuel; Harry and Ruth Gardner; Jeannie and William Jupka; Mary Laird; Winona and Hilmuth Kruckenberg; Minnie Isler; Edward and Suzanne Merlo; Susan Boland; Richard and Donna Osweiler; William and Charlene Kitto; and Betty McGavin, Plaintiffs and Appellants, v. CITY OF GREAT FALLS, Montana, Defendant and Respondent, and Top Gun, Inc., Intervenor/Defendant and Respondent.

Supreme Court of Montana.

Decided February 2, 1996.

Attorney(s) appearing for the Case

Marcia Birkenbuel, Attorney at Law, Great Falls, for appellants.

David V. Gliko, City Attorney, Great Falls, for respondent.

J. Kim Schulke, Linnel, Newhall & Martin, Great Falls, for Intervenor/Defendant and Respondent.

ERDMANN, Justice.

This is an appeal from an order issued by the Eighth Judicial District Court, Cascade County, granting defendants' motions for summary judgment. We affirm.

The issue on appeal is whether the rezoning of a 12.9 acre area from "A" residence use to "C" residence use constitutes illegal spot zoning.

FACTS

At issue in this case are four city blocks in the Central Avenue Addition to the...

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