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MARTINELL v. BOARD OF COUNTY COM'RS

No. DA 15-0469.

373 P.3d 34 (2016)

2016 MT 136

Jack and Bonnie MARTINELL, husband and wife; Thomas and Hazel McDowall, husband and wife; Thomas Shaffrey; and Barrett and Kari Kaiser, husband and wife, Plaintiffs and Appellants, v. BOARD OF COUNTY COMMISSIONERS OF CARBON COUNTY, the governing body of the County of Carbon, acting by and through John Grewell, John Prinkki, and Doug Tucker; Doug and Denise Aisenbrey, husband and wife; Willis and Therese Herden, husband and wife; Duane and Dena Hergenrider, husband and wife; Karen Hergenrider; Rudolph Hergenrider; Shelly Bakich Lechner, as personal representative of the Milovan Bakich estate; and Steven and Monica Thuesen, husband and wife, Defendants and Appellees.

Supreme Court of Montana.

Decided June 7, 2016.

Attorney(s) appearing for the Case

For Appellants: Jenny K. Harbine , Katherine K. O'Brien , Earthjustice; Bozeman, Montana.

For Appellees Aisenbreys, Herdens, Hergenriders, Bakich Lechner, and Thuesens: Raymond G. Kuntz, III , Attorney at Law; Red Lodge, Montana.

For Board of Carbon County Commissioners: Alex R. Nixon , Carbon County Attorney; Red Lodge, Montana, Jacqueline R. Papez , Doney Crowley P.C.; Helena, Montana.

For Amicus Curiae Land Use & Natural Resources Clinic: Michelle Bryan , Ariel Overstreet-Adkins, Land Use and Natural Resources Clinic; Missoula, Montana.

¶ 1 Appellants appeal from an order entered by the Twenty-Second Judicial District Court, Carbon County, dismissing their complaint. After the Board of Carbon County Commissioners denied the Appellants' petition to create a zoning district pursuant to § 76-2-101, MCA, et seq.,

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