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LIBERTY COVE, INC. v. MISSOULA COUNTY

No. DA 09-0183.

220 P.3d 617 (2009)

2009 MT 377

353 Mont. 286

LIBERTY COVE, INC., Plaintiff and Appellant, v. MISSOULA COUNTY, Defendant and Appellee.

Supreme Court of Montana.

Decided November 10, 2009.

Attorney(s) appearing for the Case

For Appellant: Cory R. Gangle; Milodragovich, Dale, Steinbrenner & Nygren, P.C., Missoula, Montana.

For Appellee: Fred Van Valkenburg, Missoula County Attorney; D. James McCubbin, Deputy County Attorney, Missoula, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Liberty Cove, Inc. (Liberty Cove) appeals from an order of the Fourth Judicial District Court, Missoula County, affirming the Missoula County Board of County Commissioners' (County Commissioners) decision to adopt interim zoning banning, for one year, development of gravel pits on Liberty Cove's property. We affirm.

¶ 2 Liberty Cove argues that Missoula County's decision to enact...

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