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GOMAG v. BOARD OF COUNTY COM'RS

No. DA 10-0578.

260 P.3d 133 (2011)

2011 MT 198

GATEWAY OPENCUT MINING ACTION GROUP, a Montana nonprofit corporation, and Carol K. Lee-Roark, et al., Plaintiffs and Appellants, v. BOARD OF COUNTY COMMISSIONERS of Gallatin County, the governing body of the County of Gallatin, acting by and through Joe P. Skinner, R. Stephen White, and William A. Murdock, Defendants and Appellees, and Three Way Mining and Construction, et al., Intervenors and Cross-Claimants, Plaintiffs/Defendants.

Supreme Court of Montana.

Decided August 17, 2011.

Rehearing Denied September 20, 2011.

Attorney(s) appearing for the Case

For Appellant: Roger M. Sullivan , McGarvey, Heberling, Sullivan & McGarvey, P.C., Kalispell, Montana, David K.W. Wilson, Jr. , Morrison, Motl and Sherwood, P.L.L.P., Helena, Montana.

For Appellee: Marty Lambert , Gallatin County Attorney, Bozeman, Montana.

For Intervenor Three Way Mining and Construction: Susan B. Swimley , Attorney at Law, Bozeman, Montana. James L. Shuler , Doney, Crowley, Bloomquist, Payne, Uda, P.C., Helena, Montana.

For Intervenor Loseff, et al., and Knife River: Brian K. Gallik , Benjamin J. Alke , Goetz, Gallik & Baldwin, P.C., Bozeman, Montana. John Alke , Hughes, Kellner, Sullivan & Alke, PLLP, Helena, Montana.

For Amici: Sarah McMillan , Matthew Bishop, Western Environmental Law Center, Missoula, Montana.

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

¶ 1 This is an action arising from the Gallatin County Board of Commissioners' (the Commission) efforts to regulate gravel pits within the County limits. Between 2008 and 2010 the Commission took various actions to impose zoning restrictions. It created an Interim Zoning District and proposed creation of four permanent zoning districts throughout the County...

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