Martinell v. Bd. of County Comm’rs of Carbon County, 2016 MT 136 (June 7, 2016) (Rice, J.; Cotter, J., dissenting) (4-1, aff’d)
Issue: (1) Whether the district court erred by holding that the Carbon County commissioners acted arbitrarily in waiving compliance with county resolution zoning requirements; (2) whether the protest provision in the Part 1 zoning statute, § 76-2-101(5), MCA, is unconstitutional; and (3) whether the Carbon County commissioners’ reliance on the Part 1 protest provision render their decision unlawful.
Short Answer: (1) No; (2) the Court declines to reach this issue; and (3) the Court declines to reach this issue.
Facts: Appellants are a group of private landowners (“Landowners”) in Carbon County who initiated a petition to establish a Part 1 zoning district pursuant to § 76-2-101, MCA.…