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FLATHEAD CITIZENS v. FLATHEAD COUNTY BD.

No. DA 06-0173.

175 P.3d 282 (2008)

2008 MT 1

FLATHEAD CITIZENS FOR QUALITY GROWTH, INC., Plaintiff and Appellant, v. FLATHEAD COUNTY BOARD OF ADJUSTMENT, Defendant and Appellee, Tutvedt Family Partnership, Plaintiff and Appellant, v. Flathead County Board of Adjustment, Defendant and Appellee.

Supreme Court of Montana.

Decided January 3, 2008.

Attorney(s) appearing for the Case

For Appellant Flathead Citizens for Quality Growth, Inc.: Jack R. Tuholske, Tuholske Law Office, P.C., Missoula, Montana.

For Appellant Tutvedt Family Partnership: Paul A. Sandry, Johnson, Berg, McEvoy & Bostock, PLLP, Kalispell, Montana.

For Appellee: Jonathan B. Smith, Deputy County Attorney, Kalispell, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 On July 13, 2005, Flathead Citizens for Quality Growth, Inc. (Citizens) filed suit against the Flathead County Board of Adjustment (Board) in the Eleventh Judicial District, Flathead County. The suit challenged a decision by the Board issuing a Conditional Use Permit (CUP) to Tutvedt Family Partnership (Tutvedt). The CUP allowed Tutvedt to extract and crush gravel on a 320-acre parcel of land...

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