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GERMANN v. STEPHENS

No. 05-446.

137 P.3d 545 (2006)

2006 MT 130

332 Mont. 303

Shelley GERMANN, Plaintiff and Appellant, v. Gary STEPHENS, Don Nelson, Shirley Jacobson, and Jan Metzmaker, in their official and individual capacities as Council Members of the City of Whitefish, the City Council of Whitefish, and the City of Whitefish, Defendants and Respondents.

Supreme Court of Montana.

Decided June 13, 2006.

Rehearing Denied July 12, 2006.

Attorney(s) appearing for the Case

Taryn S. Hart, Richard F. Gallagher, Church, Harris, Johnson & Williams, P.C., Missoula, for Appellant.

Angela K. Jacobs, Hammer, Hewitt & Jacobs, PLLC, Kalispell, for Respondents Stephens, Nelson, Jacobson and Metzmaker.

James M. Ramlow and Shelly F. Brander, Kaufman, Vidal, Hileman & Ramlow, P.C., Kalispell, for Respondent City of Whitefish.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 The City of Whitefish (City) enacted a temporary zoning ordinance in 1999 and a permanent zoning ordinance in 2000 that required business owners to obtain conditional use permits in order to operate new establishments that serve alcohol or permit gambling. The City denied Shelley Germann's (Germann) applications for conditional use permits. Germann appeals from an order of the Eleventh Judicial District...

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