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HEFFERNAN v. MISSOULA CITY COUNCIL

No. DA 10-0142.

255 P.3d 80 (2011)

2011 MT 91

360 Mont. 207

Kathy HEFFERNAN, Robin Carey, David Harmon, and North Duncan Drive Neighborhood Association, Inc., Plaintiffs and Appellees, v. MISSOULA CITY COUNCIL, City of Missoula, and John Engen, Mayor, Defendants and Appellants, and Muth-Hillberry, LLC, Intervenor-Defendant and Appellant.

Supreme Court of Montana.

Decided May 3, 2011.

Attorney(s) appearing for the Case

For Appellants Missoula City Council, City of Missoula, and John Engen, Mayor: James P. Nugent, City Attorney, Susan A. Firth, Missoula City Attorney's Office, Missoula, Montana.

For Intervenor-Defendant and Appellant Muth-Hillberry, LLC: Donald V. Snavely, Snavely Law Firm, Missoula, Montana For Appellees: David K.W. Wilson, Jr., Morrison, Motl & Sherwood, PLLP, Helena, Montana.

For Amicus Curiae Montana Association of Realtors, Inc.: William K. VanCanagan, J.R. Casillas, Datsopoulos, MacDonald & Lind, P.C., Missoula, Montana.

For Amicus Curiae MEIC and Citizens for a Better Flathead: Sarah K. McMillan, Matthew Bishop, Western Environmental Law Center, Missoula, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 In December 2007, the Missoula City Council approved zoning and a preliminary plat for a 37-lot subdivision known as Sonata Park. Several parties opposed to the subdivision (Neighbors1) then filed a petition for judicial review in the Fourth Judicial District Court, Missoula County. The District Court found that the City was arbitrary and capricious in reaching its zoning...

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