Legal Opinion

Beasley v. Flathead County Board of Adjustments

Montana Supreme Court

Decided April 8, 2009No. DA 08-0192PublishedCited by 17 opinions

1Opinion of the CourtJustice Morris

¶1 Robert J. Beasley (Beasley) appeals from an order of the Eleventh Judicial District Court, Flathead County, that granted Flathead County Board of Adjustment’s (Board) motion to dismiss. We affirm.

¶2 We review the following issues on appeal:

¶3 Did the District Court properly grant the Board’s motion to dismiss?

¶4 Did the District Court properly determine that § 76-2-227, MCA, provided Beasley an adequate remedy?

PROCEDURAL AND FACTUAL BACKGROUND

¶5 The Flathead County Board of Commissioners (Commissioners) created the Board pursuant to § 76-2-221, MCA. The Commissioners adopted the Flathead…

2Cases cited5 opinions

  1. Becky Ex Rel. Beckey v. Butte-Silver Bow School District No. 1Montana Supreme Court · 1995
  2. Smith v. County of MissoulaMontana Supreme Court · 1999
  3. Flathead Citizens for Quality Growth, Inc. v. Flathead County Board of AdjustmentMontana Supreme Court · 2008
  4. Doty v. Montana Commissioner of Political PracticesMontana Supreme Court · 2007
  5. State Ex Rel. Popham v. Hamilton City CouncilMontana Supreme Court · 1979

3Cited by17 opinions

  1. Williams v. Board of County CommissionersMontana Supreme Court · 2013
  2. Plains Grains Ltd. Partnership v. Board of County CommissionersMontana Supreme Court · 2010
  3. Bostwick Properties, Inc. v. Montana Department of Natural Resources & ConservationMontana Supreme Court · 2009
  4. Boehm v. Park Cnty.Montana Supreme Court · 2018
  5. City of Deer Lodge Ex Rel. City of Deer Lodge Ordinances 130 & 136 v. ChilcottMontana Supreme Court · 2012

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