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BOTZ v. BRIDGER CANYON PLANNING

No. DA 12-0131.

289 P.3d 180 (2012)

2012 MT 262

Kevin BOTZ, Randy Theken, and FPR Properties, LLC, Petitioners and Appellants, v. BRIDGER CANYON PLANNING AND ZONING COMMISSION, Respondent and Appellee, and Bridger Canyon Property Owners Association, Inc., Intervenor and Appellee.

Supreme Court of Montana.

Decided November 20, 2012.

Attorney(s) appearing for the Case

For Appellants: Thomas J. Karem , Karem Law Firm, P.C., Bozeman, Montana.

For Appellee: Jennifer L. Farve , Moore, O'Connell & Refling, P.C., Bozeman, Montana.

For Intervenor: Brian K. Gallik , Goetz, Gallik & Baldwin, P.C., Bozeman, Montana.

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

¶ 1 This appeal pertains to the location of a horse barn in the Brass Lantern Planned Unit Development in Bridger Canyon, Montana. The owner of the barn, Randy Theken and FPR Properties, and Theken's contractor, Kevin Botz, assert the partially-constructed barn complies with both the zoning regulations and the covenants of the Brass Lantern development. After notification by the Gallatin County Code...

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