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LAKE COUNTY FIRST v. POLSON CITY COUNCIL

No. DA 07-0659.

218 P.3d 816 (2009)

2009 MT 322

352 Mont. 489

LAKE COUNTY FIRST, a Montana non-profit corporation, Greg Hertz, Meredith B. Pollack, Donald C. Pollack, Marion H. Rosa, Peter W. Stone, Dick Molenda, Stanley Petersen, Dorothy L. Peterson, Does 1 through 100, individuals, Plaintiffs and Appellants, v. POLSON CITY COUNCIL, Mark MacDonald, Bruce Agrella, Tom Jones, Mike Lies, Fred Funke and Tom Corse, in their capacity as Councilpersons of the Polson City Council; Jules Clavadetscher, as Mayor of the City of Polson and as former Councilperson of the Polson City Council; Wal-Mart Stores, Inc., a corporation; Wal-Mart Realty Company, a corporation; Does 1 through 10, individuals, corporations, and political subdivisions, Defendants and Appellees.

Supreme Court of Montana.

Decided September 29, 2009.

Attorney(s) appearing for the Case

For Appellants: Martin S. King; Worden Thane, P.C.; Missoula, Montana.

For Appellees: Alan L. Joscelyn, Dennis R. Lopach, Jeffrey M. Hindoien; Gough, Shanahan, Johnson, & Waterman; Helena, Montana (Attorneys for Wal-Mart), James Raymond; Raymond Law Office PLLP; Polson, Montana (Attorney for City of Polson).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Defendants Wal-Mart Stores, Inc. and Wal-Mart Realty Company (collectively "Wal-Mart") applied for a zoning change and annexation of property into the City of Polson. Wal-Mart requested that the zoning of their property be changed from a Low Density Residential Zoning District (LRZD) to a Highway Commercial Zoning District (HCZD). The Polson City Council (Council) approved the request. Lake County First...

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