Summary
The Montana Supreme Court affirmed Powell County orders enforcing zoning regulations against Country Village, LLC, d/b/a Happy Endings Casino. The Court held that the Powell County Planning Board had jurisdiction over the unincorporated area containing the casino, that the proposed casino expansion required a conditional use permit, and that the County's enforcement substantially complied with its Growth Policy. The Court also concluded that the County did not abuse its discretion by denying approval for artificial lighted palm trees and an LCD sign.
Holdings
- The Powell County Planning Board had jurisdiction over Happy Endings' property and could require Happy Endings to apply for a conditional use permit. The reservation of District 5-specific standards did not eliminate the general county-wide zoning standards applicable to unincorporated Powell County.
- A conditional use permit was required because the proposed elimination of the convenience store and significant expansion of the casino constituted a significant change in use. The permit requirement was not based solely on the erection of the lighted palm trees.
- Powell County substantially complied with its Growth Policy when it enforced the zoning regulations and denied approval for the artificial palm trees. The denial did not unlawfully infringe Happy Endings' private-property rights.
Questions Presented
- Whether the Powell County Planning Board had jurisdiction to require Happy Endings to apply for a conditional use permit.
- Whether the proposed changes to Happy Endings' business constituted a change in use requiring a conditional use permit under the Powell County Zoning and Development Regulations.
- Whether Powell County's enforcement of its zoning regulations substantially complied with the Powell County Growth Policy.
Disposition
affirmed
Cases Cited (7)
- Town & Country Foods, Inc. v. City of Bozeman, 2009 MT 72, ¶¶ 13-14, 349 Mont. 453, 203 P.3d 1283(followed)
- Flathead Citizens for Quality Growth, Inc. v. Flathead Co. Bd. of Adjustment, 2008 MT 1, ¶ 32, 341 Mont. 1, 175 P.3d 282(followed)
- Clark Fork Coalition v. Mont. Dept. of Envtl. Quality, 2008 MT 407, ¶¶ 19-20, 347 Mont. 197, 197 P.3d 482(followed)
- Shelby Distributors, LLC v. Mont. Dept. of Revenue, 2009 MT 80, ¶ 18, 349 Mont. 489, 206 P.3d 899(followed)
- Barnard v. Liberty Northwest Ins. Corp., 2008 MT 254, ¶ 17, 345 Mont. 81, 189 P.3d 1196(followed)
- State v. Brendal, 2009 MT 236, ¶ 18, 351 Mont. 395, ___ P.3d ___(followed)
- North 93 Neighbors v. Bd. of Co. Commrs. of Flathead Co., 2006 MT 132, ¶¶ 21, 23, 332 Mont. 327, 137 P.3d 557(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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