Russell v. Flathead County

Summary

The Montana Supreme Court affirmed a judgment upholding Flathead County's zoning restrictions on Russell's property. The Court held that Russell's challenge to the creation of the zoning district was barred by the five-year statute of limitations, that his property was included within the district, and that his expanded heavy-equipment repair and storage activities were not a permissible continuation of the prior nonconforming use.

Holdings

1. Russell's challenge was a challenge to the creation of the zoning district with its distinctive subdistricts and therefore was barred because it was filed more than five years after the district's creation.
2. Russell's property was properly included within the Highway 93 North Zoning District when the district was created.
3. Russell's use was an impermissible expansion and change of the preexisting nonconforming use because it substantially exceeded the prior use in both manner and extent.
4. The district court did not improperly legislate by limiting the type and number of equipment, hours of operation, and visibility of stored equipment; it enforced the requirement that the nonconforming use continue in the same manner and extent as it existed when zoning was adopted.

Questions Presented

1. Whether Russell's challenge to the creation of the zoning district and its subdistrict classifications was barred by the five-year statute of limitations in § 76-2-202(1)(b), MCA.
2. Whether Russell's property was included within the boundaries of the Highway 93 North Zoning District when the district was created.
3. Whether Russell's post-purchase heavy-equipment repair and storage activities constituted an impermissibly expanded nonconforming use rather than a continuation of the prior use.

Disposition

affirmed