NORTH 93 NEIGHBORS v. BD. OF COUNTY COM'RS

No. 05-179.

137 P.3d 557 (2006)

2006 MT 132

332 Mont. 327

NORTH 93 NEIGHBORS, INC., Plaintiff and Appellant, v. BOARD OF COUNTY COMMISSIONERS OF FLATHEAD COUNTY, acting as the governing body of the County of Flathead, a government entity, and Wolford Development Montana, LLC, Intervenor, Defendants and Respondents.

Supreme Court of Montana.

Decided June 13, 2006.


Attorney(s) appearing for the Case

David K.W. Wilson, Jr., Reynolds, Motl & Sherwood, PLLP, Helena, for Appellant.

Alan F. McCormick and William T. Wagner, Garlington, Lohn & Robinson, PLLP, Missoula, for Respondent Flathead County Board of Commissioners.

Kristin L. Omvig and Scott D. Hagel, Crowley Haughey Hanson Toole & Dietrich, PLLP, Ken Kalvig, Scott & Kalvig, Kalispell, for Respondent Wolford Development Montana, LLC.


Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 A citizens' group challenges the decision of its local elected officials to amend various planning documents to facilitate the development of a large suburban shopping mall on land that formerly had been used for agricultural purposes. The citizens' group, North 93 Neighbors, Inc. (Neighbors), appeals from an order of the Eleventh Judicial District, Flathead County, affirming the Flathead County Board...

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