Gordon Paving Co. v. Blaine County Board of County Commissioners

DONALDSON, Justice.

This case was tried before the district court on a stipulation of facts agreed to by the parties. Plaintiff-appellant Gordon Paving operated a rock crusher and an asphalt plant on land in Hidden Hollow, Blaine County. The use antedated the effective date of Blaine County’s first zoning ordinance. Hidden Hollow was zoned as low density residential, but since the use preceded the zoning ordinance it became a valid non-conforming use.

After the effective date of the ordinance Gordon Paving sought to modernize its asphalt plant. Accordingly, it applied to Blaine County’s zoning…