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TOWN & COUNTRY FOODS v. CITY OF BOZEMAN

No. DA 07-0448.

203 P.3d 1283 (2009)

2009 MT 72

TOWN & COUNTRY FOODS, INC., Plaintiff and Appellant, v. CITY OF BOZEMAN, Defendant and Appellee.

Supreme Court of Montana.

Decided March 10, 2009.

Attorney(s) appearing for the Case

For Appellant: Arthur V. Wittich and Margot E. Barg, Wittich Law Firm, Bozeman, Montana.

For Appellee: Philip F. Walsh, Walsh & McKenna, Bozeman, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 The Eighteenth Judicial District Court, Gallatin County, granted summary judgment in favor of the City of Bozeman (the City), affirming the city commission's denial of the application for approval of a site plan proposed by Town and Country Foods, Inc. (T & C).

¶ 2 We restate the issues as follows:

¶ 3 Issue 1: Did the Bozeman city commission violate T & C's constitutional...

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