Montana Law Week

The Weekly Digest of Montana Law

Zoning, Major Change in Use Permit, vacation rentals

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ZONING: Judge properly determined that Major Change in Use Permit improperly allowed structures for short-term vacation rentals but erred in requiring restoration to unaltered condition… attorney fees & costs awarded to Plaintiffs properly allocated half against Intervenor property owners after County settled out… Eddy affirmed, reversed. [Read more…]

Coal mine expansion, permit rulings, attorney fees

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COAL MINE EXPANSION permit rulings affirmed in part, reversed in part, remanded for rehearing by BER and recalculation of attorney fees from the $862,755 awarded Conservation Groups for both administrative and judicial proceedings… Bidegaray affirmed, reversed. [Read more…]

Political practices, “de minimis” travel expenses

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POLITICAL PRACTICES: 2 retirees who gave “hobbyist” presentations regarding voting records of Republican legislators improperly held violative of registration and reporting requirements rather than being exempted under unconstitutionally vague “de minimis acts” exception for travel expenses… Mangan/Christensen reversed (2-1). [Read more…]

Subdivision, no “further subdivision of any lot”

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SUBDIVISION: Covenant prohibiting “further subdivision of any Lot” ambiguous when not read in isolation, requires extrinsic evidence… statutory damages against County for approval of amended plat improperly denied on summary judgment… covenants properly found to obligate developer to serve each lot with dual water lines for domestic and irrigation, performance not excused by doctrine of impossibility… fees to HOA premature… Reynolds reversed, affirmed. [Read more…]