Yurczyk v. Yellowstone County
Montana Supreme Court
319 Mont. 169, 83 P.3d 266 (2004)
- Written by Tanya Munson, JD
Facts
In 1994, the Board of County Commissioners of Yellowstone County (the board) (defendant) adopted a resolution that created Zoning District 17 (District 17) and adopted zoning regulations for the zoning district. The regulations included a provision that dwelling units could only be single-family units, had to have a minimum gross floor area of 1,500 square feet, and could only be constructed on-site with new materials within a year. In 1999, Francis and Anita Yurczyk (plaintiffs) purchased 80 acres of land in District 17. The Yurczyks purchased a modular home and moved it onto the property in May of 2000. The Yellowstone County Planning Board immediately received a complaint regarding the modular home. A planner from the Yellowstone County Planning Department made two visits to the property and informed the Yurczyks that the modular home violated the on-site construction provision regulations and it needed to be removed by the end of the month. The Yurczyks requested a hearing from the Yellowstone County Board of Adjustment. The request was forwarded to the Board of Adjustment for District 17, which held a hearing and affirmed the decision of the Planning Department. The Yurczyks brought suit against in district court the county and alleged that the zoning regulations were unenforceable because their enforcement violated the Yurczyks’ substantive due-process rights, equal-protection rights, and their right to use, enjoy, and develop their property. A senior planner for the city and the County Commissioner were unable to identify any health concerns and only minimal safety concerns that the on-site construction provision addressed. Neither were able to identify what kind of general welfare interests the provision protected. The district court found that the Yurczyk’s substantive due-process rights were violated because the on-site construction requirement did not have a substantial bearing on the public health, safety, morals, or general welfare of the community and was not based upon a legitimate government objective.
Rule of Law
Issue
Holding and Reasoning (Nelson, J.)
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