Martinell v. Carbon Co. Comm.

Appellants (“the Silvertip Landowners”) were a group of private landowners in Carbon County who initiated a petition to establish a “Part 1” zoning district pursuant to 76-2-101, MCA, et seq. Appellees were the Board of County Commissioners of Carbon County (“the Commissioners”), and a group of private landowners in Carbon County who opposed the proposed zoning district (“the Neighbors”). At at hearing on the petition, the Commissioners reported that landowners holding 60.7% of the total acreage in the proposed district had submitted protests opposing the zoning district. The Commissioners rescinded their resolution of intent, and voted to deny creation of the zoning district as proposed, citing as the reason for doing so the formal protests lodged. The Silvertip Landowners filed suit at the district court, arguing: (1) reliance on an unconstitutional protest provision in 76-2-101(5), MCA; (2) arbitrary and capricious reversal of the Commissioners’ own finding of public interest; and (3) unconstitutional deprivation of the Silvertip Landowners’ right to a clean and healthful environment as guaranteed by the Montana Constitution. For relief, the Silvertip Landowners asked the District Court to: (1) declare 76-2-101(5), MCA, unconstitutional and therefore void; (2) declare the Commissioners’ decisions to withdraw the resolution of intent to create the zoning district and to deny the Silvertip Landowners’ petition as arbitrary and capricious; and therefore void; and (3) declare the Commissioners’ decisions to withdraw the resolution of intent and to deny the petition as violative of the Montana Constitutional environmental protections. The Commissioners and the Neighbors both moved to dismiss, and their motion was granted. Finding no reversible error, the Montana Supreme Court affirmed the district court's dismissal. View "Martinell v. Carbon Co. Comm." on Justia Law