City of Helena v. Svee

Summary

The Montana Supreme Court considered whether Helena City Code § 11-41-2, regulating roofing materials in a wildland-urban interface district, was an impermissible local building regulation rather than a valid zoning ordinance. The court affirmed the ordinance's invalidation because Montana's statewide building-code scheme occupied the field of building materials, and it reversed and remanded the denial of the homeowners' request for attorney fees under the Uniform Declaratory Judgments Act. The court affirmed dismissal of the constitutional claims because the case was resolved on nonconstitutional grounds.

Holdings

1. The ordinance regulating roofing materials was a building regulation subject to Montana's statewide building-code scheme, not a zoning regulation within the City's delegated zoning authority. Because the ordinance conflicted with state law and intruded into an area affirmatively subjected to state regulation, it was invalid.
2. The Svees were entitled to attorney fees as necessary or proper supplemental relief under § 27-8-313, MCA. The parties were not similarly situated, the declaratory action was necessary to resolve the validity of the City's ordinance in light of multiple enforcement actions, and the action changed the status quo.
3. The District Court properly dismissed the Svees' constitutional claims without reaching their merits because the statutory ruling resolved the case and courts should avoid constitutional questions when possible.

Questions Presented

1. Whether Helena City Code § 11-41-2, which regulated roofing materials used in construction and repair, was an impermissible building regulation rather than a valid zoning ordinance.
2. Whether the Svees were entitled to attorney fees as supplemental relief under Montana's Uniform Declaratory Judgments Act, § 27-8-313, MCA.
3. Whether the District Court properly dismissed the Svees' constitutional claims without deciding them after resolving the case on statutory grounds.

Disposition

reversed_and_remanded