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Grant Creek Heights, Inc., A Montana v. Missoula County

August 15, 2012

GRANT CREEK HEIGHTS, INC., A MONTANA CORPORATION, AND KENNETH R. KNIE, PLAINTIFFS AND APPELLANTS,
v.
MISSOULA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF MONTANA; AND MISSOULA COUNTY COMMISSIONERS, J. FERN HART, INDIVIDUALLY; MICHAEL KENNEDY, INDIVIDUALLY, AND JANE AND JOHN DOES 1-20, IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES, DEFENDANTS, APPELLEES, CROSS-APPELLANTS.



APPEAL FROM: District Court of the Fourth Judicial District, In and For the County of Missoula, Cause No. DV 98-85994 Honorable John W. Larson, Presiding Judge

The opinion of the court was delivered by: Justice Brian Morris

Submitted on Briefs: May 23, 2012

Decided: August 15, 2012

Filed:

Clerk

Justice Brian Morris delivered the Opinion of the Court.

¶1 Grant Creek Heights, Inc. (Grant Creek) and Kenneth R. Knie (Knie) (collectively "Appellants") appeal from the order of the Fourth Judicial District Court, Missoula County, that granted Missoula County's third motion for summary judgment. Missoula County, Missoula County Commissioners, J. Fern Hart and Michael Kennedy (collectively "County") cross-appeal the District Court's denial of their second motion for summary judgment. We affirm.

¶2 We review the following issues on appeal and cross-appeal:

¶3 1. Whether the District Court properly denied County's second motion for summary judgment.

¶4 2. Whether the District Court properly granted County's third motion for summary judgment.

FACTUAL AND PROCEDURAL BACKGROUND

¶5 County adopted a Planned Unit Development (PUD) for the Grant Creek Area, known as Grantland, on October 17, 1979. Grantland consists of 3,600 acres formerly owned by the family of Jeanette Rankin. Knie owned a 160-acre parcel within this 3,600 acre area (Knie 160). Knie filed a certificate of survey in early 1987 that attempted to divide his 160 acres into 20-acre parcels.

¶6 County amended the PUD on March 25, 1987. County confirmed through a letter to Knie on April 1, 1987, that the PUD applied to Knie 160. The letter stated that Knie had to meet several conditions within one year in order to proceed with his development. Knie failed to meet any of those conditions.

ΒΆ7 Missoula County Zoning Resolution (Resolution), Section 5.02, provides that a developer must submit a subdivision application ...


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