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YURCZYK v. YELLOWSTONE COUNTY

No. 02-062.

83 P.3d 266 (2004)

2004 MT 3

Francis YURCZYK and Anita Yurczyk, Plaintiffs, Respondents and Cross-Appellants, v. YELLOWSTONE COUNTY; The Board of County Commissioners; and The Planning and Zoning Commission of Yellowstone County Planning and Zoning District No. 17, in such capacity and as the Board of Adjustment for said Planning and Zoning District; all by and through James A. Ziegler, Sr., as a Yellowstone County Commissioner and member of the Planning and Zoning Commission; Bill Kennedy, as a Yellowstone County Commissioner and member of the Planning and Zoning Commission; James Reno, as a Yellowstone County Commissioner and member of the Planning and Zoning Commission; Jeff Reineking, as a member of the Planning and Zoning Commission; Max R. Lennington, as a member of the Planning and Zoning Commission, Defendants and Appellants.

Supreme Court of Montana.

Decided January 14, 2004.

Attorney(s) appearing for the Case

For Appellants: Mark A. English, Deputy County Attorney, Billings, Montana.

For Respondents: Michael S. Dockery and Kristin L. Omvig, Crowley, Haughey, Hanson, Toole & Dietrich P.L.L.P., Billings, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Yellowstone County, the Board of County Commissioners of Yellowstone County, et al. (collectively, the County), appeal from a grant of summary judgment in the Thirteenth Judicial District Court, Yellowstone County, and Francis and Anita Yurczyk (the Yurczyks) cross-appeal. We affirm.

¶ 2 We restate the issues on appeal as follows:

¶ 3 1. Whether the District Court erred...

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