Fasbender v. Lewis and Clark County Board of County Commissioners

Summary

The Montana Supreme Court affirmed summary judgment upholding interim zoning regulations adopted by the Lewis and Clark County Board of County Commissioners. The Court held that the interim zoning statute required notice and a public hearing but did not incorporate all procedural requirements applicable to permanent zoning regulations. The Court also held that the Board’s publication of only one of two required notices for permanent zoning regulations did not substantially comply with the statute, and the permanent regulations were therefore void.

Holdings

1. Section 76-2-206, MCA, incorporates only the notice and hearing requirements applicable to interim zoning regulations, not all procedural prerequisites for permanent zoning regulations. The Board's two published notices and public hearing satisfied those requirements.
2. The Board did not substantially comply with § 76-2-205(5), MCA, because it published only one notice of passage of the resolution of intent when the statute expressly required publication once a week for two weeks. The district court correctly declared the permanent zoning regulations void.

Questions Presented

1. Whether the notice and public hearing provided by the Board satisfied the procedural requirements applicable to adoption of interim zoning regulations under §§ 76-2-205 and 76-2-206, MCA (2005).
2. Whether the Board substantially complied with the notice requirements of § 76-2-205, MCA (2005), when it published only one notice of passage of the resolution of intent to adopt permanent zoning regulations.

Disposition

affirmed