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TOWN PUMP, INC. v. BOARD OF ADJUSTMENT

No. 97-715.

971 P.2d 349 (1998)

1998 MT 294

TOWN PUMP, INC., a Montana corporation, and Town Pump of Hardin, Inc., a Montana corporation, Petitioners and Appellants, v. BOARD OF ADJUSTMENT OF THE CITY OF RED LODGE, MONTANA, Respondent and Respondent.

Supreme Court of Montana.

Decided December 3, 1998.

Rehearing Denied December 30, 1998.

Attorney(s) appearing for the Case

L.B. Cozzens; Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Montana ,For Appellants.

Gary R. Thomas; Thomas Law Office, Red Lodge, Montana, For Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Appellants Town Pump and Town Pump of Hardin (Town Pump) appeal from the judgment of the 13th Judicial District Court, Carbon County, holding that Town Pump's appeal from the decision of the Board of Adjustment was moot because the City of Red Lodge's Development Code had a permissible retroactive effect.

¶ 2 We affirm.

¶ 3 In determining whether the District Court erred...

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