Allen v. Flathead County

This is a motion for declaratory judgment against respondents, Flathead County and its Board of County Commissioners, to have the Lower Valley Zoning District and its zoning regulations declared invalid because of an alleged noncompliance with zoning enabling legislation under section 76-2-201, MCA.

The parties submitted an agreed statement of facts and stipulation of evidence. A county planning board was created for the purposes of planning and zoning in Flathead County in 1972. The jurisdictional area of the county planning board was determined by resolution of the commissioners and included…