Povsha v. City of Billings

¶1 Rodney Povsha, et al. (Povsha), sought to enjoin and set aside a zoning change and subdivision approval by the City of Billings, et al. (the City), to accommodate a request by James Capser and Sunworks, LLC (collectively Capser) to build Big Sky Auto Auction (BSAA) adjacent to Povsha’s residence. The District Court for the Thirteenth Judicial District, Yellowstone County, granted the City’s Motion for Summary Judgment. Povsha appeals the court’s decision along with an earlier order of the court denying Povsha’s Motion for Summary Judgment.

¶2 Povsha raises two issues on appeal which we have…