Martinell v. Board of County Commissioners

¶1 Appellants appeal from an order entered by the Twenty-Second Judicial District Court, Carbon County, dismissing their complaint. After the Board of Carbon County Commissioners denied the Appellants’ petition to create a zoning district pursuant to § 76-2-101, MCA, et seq., they filed a declaratory action, requesting a judgment declaring that the “protest provision” included in the statute is unconstitutional and that the Commissioners’ actions in denying the petition were “arbitrary and capricious,” violative of the Montana constitutional environmental provisions, and therefore void. Upon…