Hagfeldt v. City of Bozeman

This is an appeal from an order of the Eighteenth Judicial District Court, Gallatin County, granting the City of Bozeman’s (City) motion for summary judgment on grounds it sufficiently complied with statutory mandate in this class action claim brought by a number of Bozeman landowners (Landowners). We affirm. -

The only issue for consideration is whether the City legally complied with the requirements of Section 76-2-402, MCA (1987), when it constructed a water tank contrary to its zoning regulations.

Both parties agree there is no question of fact and summary judgment is appropriate as a…