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FASBENDER v. LEWIS AND CLARK COUNTY BD.

No. DA 08-0404.

218 P.3d 69 (2009)

2009 MT 323

Michael J. FASBENDER, John W. Herrin, and John and Jane Does 1-25, Plaintiffs and Appellants, v. LEWIS AND CLARK COUNTY BOARD OF COUNTY COMMISSIONERS, Deputy County Attorney, Paul Stahl, and Chief Administrative Officer, Ron Alles, Defendants and Appellees.

Supreme Court of Montana.

Decided October 1, 2009.

Attorney(s) appearing for the Case

For Appellants: W.A. (Bill) Gallagher, Gallagher and Associates, Helena, Montana.

For Appellees: Leo J. Gallagher, County Attorney; K. Paul Stahl, III, and Jeff Sealey, Deputy County Attorneys, Helena, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Michael J. Fasbender, John W. Herrin, and unnamed plaintiffs John and Jane Does 1-25 (collectively Fasbender), challenged the adoption of interim zoning regulations by the Lewis and Clark County Board of County Commissioners (Board). Fasbender appeals from an Order in the First Judicial District, Lewis and Clark County, granting summary judgment to the Board. We affirm.

¶ 2 We review the...

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