268 P.3d 31
Mont.2012Background
- Neighbors challenge DOT MOAA billboard permits for two signs on the Bue 270-acre parcel along Interstate 90 in Sweet Grass County.
- DOT concluded the entire 270-acre parcel constitutes commercial or industrial activity, supporting unzoned commercial/industrial area permits.
- Lamar placed two 720-square-foot billboards in 2007; permits were granted December 7, 2006 after site visits and adjustments to locations.
- District Court affirmed DOT, finding MOAA compliance and absence of arbitrariness; Neighbors alleged unlawful action and public nuisance, among other claims.
- Appeal proceeded under MAPA; standard of review is whether agency action was arbitrary, capricious, or unlawful with substantial evidence.
- Court held that DOT’s designation of the entire parcel as commercial/industrial was supported by the record and DOT did not act arbitrarily or unlawfully.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in upholding DOT’s finding that the entire 270-acre parcel is a qualifying commercial/industrial area. | Neighbors contend only mining area qualifies, not the entire parcel. | DOT properly considered full land uses and multiple site visits to conclude the entire parcel contains commercial/industrial activity. | No error; district court's finding affirmed. |
Key Cases Cited
- N. Fork Preservation Assn. v. Dept. of State Lands, 238 Mont. 451, 778 P.2d 862 (Mont. 1989) (arbitrary and capricious review under MAPA)
- Clark Fork Coalition v. Mont. Dept. of Envtl. Quality, 2008 MT 407, 347 Mont. 197, 197 P.3d 482 (Mont. 2008) (MAPA arbitrary/abuse of discretion standard)
- Skyline Sportsmen’s Assn. v. Bd. of Land Commrs., 286 Mont. 108, 951 P.2d 29 (Mont. 1997) (arbitrary and capricious review of agency action)
- Langen v. Badlands Coop. State Grazing Dist., 125 Mont. 302, 234 P.2d 467 (Mont. 1951) (limitations on judicial substitution of agency discretion)
- Silva v. City of Columbia Falls, 258 Mont. 329, 852 P.2d 671 (Mont. 1993) (arbitrary/capricious standard not reversal for inconsistent evidence)
- Freeman v. Bd. of Adjustment, 97 Mont. 342, 34 P.2d 534 (Mont. 1934) (judicial restraint in reviewing agency decisions)