Legal Opinion

Heffernan v. Missoula City Council

Montana Supreme Court

Decided May 3, 2011No. DA 10-0142PublishedCited by 72 opinions

1Opinion of the CourtJustice Nelson

¶1 In December 2007, the Missoula City Council approved zoning and a preliminary plat for a 37-lot subdivision known as Sonata Park. Several parties opposed to the subdivision (Neighbors 1 ) then filed a petition for judicial review in the Fourth Judicial District Court, Missoula County. The District Court found that the City was arbitrary and capricious in reaching its zoning and subdivision decisions, and the court accordingly set those decisions aside. The City and the owner/developer of Sonata Park (Muth-Hillberry, LLC) now appeal that determination and several underlying rulings. We…

2Cases cited64 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  4. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  5. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982

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3Cited by72 opinions

  1. Reichert v. STATE EX REL. McCULLOCHMontana Supreme Court · 2012
  2. Chipman v. Northwest Healthcare Corp.Montana Supreme Court · 2012
  3. Larson v. StateMontana Supreme Court · 2019
  4. Schoof v. NesbitMontana Supreme Court · 2014
  5. Williamson v. Montana Public Service Commission & Northwestern EnergyMontana Supreme Court · 2012

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