Legal Opinion

Town & Country Foods, Inc. v. City of Bozeman

Montana Supreme Court

Decided March 11, 2009No. DA 07-0448PublishedCited by 25 opinions

1Opinion of the CourtJustice Warner

¶1 The Eighteenth Judicial District Court, Gallatin County, granted summary judgment in favor of the City of Bozeman (the City), affirming the city commission’s denial of the application for approval of a site plan proposed by Town and Country Foods, Inc. (T&C).

¶2 We restate the issues as follows:

¶3 Issue 1: Did the Bozeman city commission violate T&C’s constitutional rights to substantive due process and equal protection of the law by denying its application for approval of a site plan?

¶4 Issue 2: Was the Bozeman city commission’s decision to deny T&C’s application an abuse of discretion?

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2Cases cited12 opinions

  1. Omnipoint Corporation v. Zoning Hearing Board Of Pine Grove TownshipCourt of Appeals for the Third Circuit · 1999
  2. State v. WebbMontana Supreme Court · 2005
  3. Raisler v. Burlington Northern RailroadMontana Supreme Court · 1985
  4. North 93 Neighbors, Inc. v. Board of County CommissionersMontana Supreme Court · 2006
  5. State v. EgdorfMontana Supreme Court · 2003

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3Cited by25 opinions

  1. Walters v. FLATHEAD CONCRETE PRODUCTS, INC.Montana Supreme Court · 2011
  2. Western Tradition Partnership, Inc. v. Attorney GeneralMontana Supreme Court · 2011
  3. Krajacich v. Great Falls Clinic, LLPMontana Supreme Court · 2012
  4. Kershaw v. Montana Department of TransportationMontana Supreme Court · 2011
  5. Steichen v. Talcott Properties, LLCMontana Supreme Court · 2013

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