Ballas v. Missoula City Board of Adjustment

¶1 Anthony J. Terzo, Jr., Myrna S. Terzo, and 216, LLC (collectively, the Lot 14A Defendants) appeal from the District Court’s denial of their motion for judgment on the pleadings based on lack of jurisdiction/standing. We dismiss.

¶2 We restate the issue as follows:

¶3 Did the District Court err when it determined it had subject matter jurisdiction?

BACKGROUND

¶4 In 2003, James and Jennifer Terzo (collectively, Terzo) owned two adjacent residential lots, Lot 14 and Lot 15, on South Avenue East in Missoula, Montana. Each lot was zoned as R-l single family residential and measured 30’ x 139’…