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EGAN SLOUGH CMTY. v. BD. OF COUNTY COM'RS

DA 21-0032.

506 P.3d 996 (2022)

2022 MT 57

EGAN SLOUGH COMMUNITY, Yes! for Flathead Farms and Water, and Amy Waller, Plaintiffs and Appellants, v. FLATHEAD COUNTY BOARD OF COUNTY COMMISSIONERS, a Body Politic of Flathead County, Flathead County Planning and Zoning Department, and Flathead City-County Health Department, Defendants and Appellees, and Montana Artesian Water Company, Defendant, Appellee, and Cross-Appellant.

Supreme Court of Montana.

Decided: March 22, 2022.

Attorney(s) appearing for the Case

For Appellants: Roger Sullivan (argued), Dustin Leftridge , McGarvey Law, Kalispell, Montana, David K. W. Wilson, Jr. (argued), Morrison, Sherwood, Wilson & Deola, Helena, Montana.

For Appellees: Alan McCormick (argued), Garlington, Lohn & Robinson, PLLP, Missoula, Montana, Tara R. Fugina , Deputy Flathead County Attorney, Kalispell, Montana.

For Appellee/Cross-Appellant Montana Artesian Water Company: Victoria A. Marquis (argued), Shane P. Coleman , Holland & Hart LLP, Billings, Montana.

¶1 This case arises from litigation related to the expansion of an agricultural zoning district through citizen initiative to include the area where Montana Artesian Water Company (Montana Artesian) has been developing a large-scale water bottling plant. Egan Slough Community, Yes...

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