Gateway Opencut Mining Action Group v. Board of County Commissioners
2011 MT 198
| Mont. | 2011Background
- GOMAG challenged the constitutionality of § 76-2-205(6), MCA, protesting zoning decisions by the Gallatin County Commission.
- The Commission created an Interim Zoning District (IZD) for opencut mining in 2008–2010 and extended it to May 7, 2010.
- In 2010 the County planned four new zoning districts (SVZD and Belgrade, Manhattan, Amsterdam/Churchill) with a protest window ending April 27, 2010.
- Protests were filed; after the protest period, the Commission had 30 days to act, or risks an effective rejection.
- GOMAG sought injunctions while the District Court heard the case; multiple Intervenors challenged the action timing, arguing mootness.
- The District Court granted summary judgments in favor of Intervenors, concluding the case was moot because the statutory deadlines passed without action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in granting summary judgment on mootness | GOMAG argues mootness exceptions apply | Intervenors argue case moot; deadlines expired; Turner controls | No; the issue was moot and exceptions not ripe; affirmed summary judgment |
Key Cases Cited
- Skinner Enters., Inc. v. Lewis & Clark City-County Health Dep't., 1999 MT 106 (MT Supreme Court 1999) (two-part test for capable of repetition yet evading review)
- Turner v. Mt. Eng'g & Constr., Inc., 276 Mont. 55 (MT Supreme Court 1996) (mandatory deadlines; not extendable by stipulation)
- Miller v. Eighteenth Jud. Dist. Ct., 2007 MT 149 (MT Supreme Court 2007) (mandatory timing rules; strict construction)
- Greater Missoula Area Fedn. of Early Childhood Educators v. Child Start, Inc., 2009 MT 362 (MT Supreme Court 2009) (mootness framework and standing in public-interest disputes)
- Wier v. Lincoln Co. Sheriff’s Dep't, 278 Mont. 473 (MT Supreme Court 1996) (concept of exceptions to mootness when issues are capable of repetition)