Town Pump, Inc. v. Board of Adjustment

¶1 Appellants Town Pump and Town Pump of Hardin (Town Pump) appeal from the judgment of the 13th Judicial District Court, Carbon County, holding that Town Pump’s appeal from the decision of the Board of Adjustment was moot because the City of Red Lodge’s Development Code had a permissible retroactive effect.

¶2 We affirm.

¶3 In determining whether the District Court erred, we consider the following issues:

¶4 1. Whether the retroactive application of the Development Code resulted in a denial of Town Pump’s constitutional right to due process.

*8¶5 2. Whether the State of Montana has preempted Red…