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ARKELL v. MIDDLE COTTONWOOD BD.

No. DA 06-0511.

162 P.3d 856 (2007)

2007 MT 160

Vince and Debbie ARKELL, Petitioners and Respondents, v. MIDDLE COTTONWOOD BOARD OF ZONING ADJUSTMENT, Respondent and Appellant.

Supreme Court of Montana.

Decided July 10, 2007.

Attorney(s) appearing for the Case

For Appellant: Arthur V. Wittich and Frederick P. Landers, Jr., Wittich Law Firm, P.C., Bozeman, Montana.

For Respondent: Susan B. Swimley, Attorney at Law, Bozeman, Montana.

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

¶ 1 Vince and Debbie Arkell purchased a lot and house in the Middle Cottonwood Zoning District in Gallatin County. A couple of years later, upon learning that an after-the-fact variance was needed for an addition they had constructed, the Arkells applied for a variance. Their application was denied by the County Planning Director. The Arkells then appealed to the Middle Cottonwood Board of Adjustment...

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