Legal Opinion

Englin v. Board of County Commissioners

Montana Supreme Court

Decided June 4, 2002No. 01-654PublishedCited by 14 opinions

1Opinion of the CourtJustice Leaphart

¶1 Harold Englin and Mary Brown (Owners) appeal from the judgment entered by the Thirteenth Judicial District Court, Yellowstone County, holding that the Board of Comity Commissioners’ (Commissioners) denial of the Owners’ zone change request was not arbitrary or capricious. We affirm.

¶2 Englin and Brown raise the following issues on appeal:

¶3 1. Did the District Court err when it held that the Commissioners’ zoning decision was not arbitrary or capricious?

¶4 2. Did the District Court abuse its discretion by excluding evidence of a subsequent zone change application?

Facts and Procedural…

2Cases cited4 opinions

  1. Newville v. State, Dept. of Family ServicesMontana Supreme Court · 1994
  2. Lopez v. JosephsonMontana Supreme Court · 2001
  3. Greater Yellowstone Coalition, Inc. v. Board of County CommissionersMontana Supreme Court · 2001
  4. MacK T. Anderson Insurance Agency, Inc. v. City of BelgradeMontana Supreme Court · 1990

3Cited by14 opinions

  1. Montanans for Justice: Vote No on CI-98 Not in Montana: Citizens Against CI-97 & Property Owners Against I-154 v. State Ex Rel. McGrathMontana Supreme Court · 2006
  2. Walters v. FLATHEAD CONCRETE PRODUCTS, INC.Montana Supreme Court · 2011
  3. Glacier Tennis Club at the Summit, LLC v. Treweek Construction Co.Montana Supreme Court · 2004
  4. Town & Country Foods, Inc. v. City of BozemanMontana Supreme Court · 2009
  5. State v. EgdorfMontana Supreme Court · 2003

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