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Martinell v. Bd. of County Comm’rs of Carbon County

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.

Affirmed

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.…

Motta v. Granite County Commissioners

Motta v. Granite County Commissioners, 2013 MT 172 (July 2, 2013) (5-0) (Baker, J.)

Issue: (1) Whether Granite County properly enacted the 2011 Georgetown Lake zoning; (2) whether the district court properly determined that Motta was a vexatious litigant; and (3) whether the district court properly awarded attorneys’ fees to the commissioners.

Short Answer: (1) Yes; (2) yes; and (3) yes, except for the fees expended to prove the reasonableness of the fees.

Affirmed in part and reversed in part