289 P.3d 180
Mont.2012Background
- Brass Lantern PUD in Bridger Canyon; barn on Tract E located outside designated building site per Certificate of Survey 1154-A.
- CCS notified FPR that barn violated open-space and land-use permit requirements; after-the-fact LUP and CUP modification sought.
- Bridger Canyon Commission upheld CCS findings, affirming violation and ordering removal; later denied CUP modification.
- District Court affirmed Commission decisions; no trial on constitutional takings claim.
- FPR appeals arguing misinterpretation of BCZR and covenants; Court resolves based on express survey/covenant language.
- Court ultimately affirms both Commission and District Court rulings, denying relief on all grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused discretion affirming violation/removal | FPR contends zoning/covenants not location-based | Commission relied on building site to enforce restrictions | No; decisions upheld on proper interpretation of building site limits |
| Whether the district court abused discretion denying CUP modification | Modification complies with regulations; open-space preserved | Modification would undermine PUD purposes and open space | No; denial supported by BCZR 13.1 and 17.3.2 standards |
| Whether takings claim was properly dismissed | Constitutional takings claimed | Claim inadequately developed; no trial required | Dismissed for lack of developed argument |
Key Cases Cited
- Conway v. Miller, 232 P.3d 390 (Mont. 2010) (enforceable negative easement from building restriction line)
- DeVoe v. City of Missoula, 274 P.3d 752 (Mont. 2012) (abuse of discretion and review standards)
- Mont. Solid Waste Contrs. v. Mont. Dep't of Pub. Serv. Reg., 161 P.3d 837 (Mont. 2007) (plenary review of regulatory decisions)
- Englin v. Board of County Comm’rs, 48 P.3d 39 (Mont. 2002) (de novo review on interpretive questions)