Burns Concrete, Inc. v. Teton County

EISMANN, Justice.

This is an appeal out of Teton County from a judgment holding that the force majeure clause in a written contract between the county and a developer did not apply to the developer’s failure to obtain zoning approval in order to construct the cement plant required in the agreement. We hold that the force majeure clause was broad enough to apply, vacate the judgment of the district court, and remand this case for further proceedings.

I

Factual Background.

Burns Holdings, LLC (“Developer”) purchased a 6.5-acre parcel of property located in the unincorporated part of Teton County…