Missoula County v. American Asphalt, Inc.

Missoula County appeals from a judgment of the Fourth Judicial District, Missoula County, holding that sections 76-1-113 and 76-2-209, MCA, exempted American Asphalt’s mining operations from county zoning and planning. We affirm.

The Department of State Lands issued a permit to American Asphalt under the Montana Open Cut Mining Act, section 82-4-401, et seq., MCA, on September 1, 1982 and American Asphalt began excavating gravel. This Department required American Asphalt to create a visual and sound barrier of topsoil; to plant trees to reduce visual and sound impact; to use dust supressant on…