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HSG v. PLANNING AND ZONING COM'N

No. DA 11-0510.

290 P.3d 691 (2012)

2012 MT 272

HELENA SAND AND GRAVEL, INC., a Montana Corporation, Plaintiff and Appellant, v. LEWIS AND CLARK COUNTY PLANNING AND ZONING COMMISSION, and The Lewis and Clark County Board of County Commissioners, Defendants and Appellees.

Supreme Court of Montana.

Decided November 30, 2012.

Attorney(s) appearing for the Case

For Appellant: Michael S. Kakuk (argued); Kakuk Law Offices, P.C.; White Sulphur Springs, Montana.

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

For Amicus Curiae: Steven T. Wade , Morgan M. Weber ; Browning, Kaleczyc, Berry & Hoven, P.C.; Helena, Montana (for the Montana Contractors Association).

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Helena Sand and Gravel, Inc. (HSG) appeals the First Judicial District Court's order denying its motion for summary judgment and granting summary judgment in favor of Lewis and Clark County Planning and Zoning Commission and Lewis and Clark County Board of Commissioners (collectively, "the County"). We address the following issues on appeal:

¶ 2 1. Whether, in adopting the zoning pattern...

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