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GREATER YELLOWSTONE COAL. v. BD. OF COM'RS

No. 00-468.

25 P.3d 168 (2001)

2001 MT 99

GREATER YELLOWSTONE COALITION, INC., a Nonprofit Corporation, and Gallatin Wildlife Association, Inc., a Nonprofit Corporation, Plaintiffs and Respondents, v. The BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY, Defendant and Appellant, and Duck Creek Properties, a Florida general partnership, Defendant, Intervenor, and Appellant.

Supreme Court of Montana.

Decided June 7, 2001.

Attorney(s) appearing for the Case

Michael J. Lilly, Berg, Lilly & Tollefsen, P.C., for Duck Creek Properties, Inc.

Susan B. Swimley, Attorney at Law, Bozeman, MT, for Board of County Commissioners of Gallatin County.

Richard J. Dolan, Attorney at Law, Bozeman, MT, for Respondents.

Justice TERRY N. TRIEWEILER delivered the Opinion of the Court.

¶ 1 The Plaintiffs, Greater Yellowstone Coalition and Gallatin Wildlife Association, brought this action in the District Court for the Eighteenth Judicial District in Gallatin County to set aside the Gallatin County Commissioners' decision to amend the zoning designation of real property owned by Duck Creek Properties. The District Court concluded that the zoning amendment was illegal spot zoning...

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