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Case Summary Citation

230 P.3d 808 (Mont. 2010)

Abstract

This case decision carries a strong message from the Montana Supreme Court to local planning bodies and aspiring developers. Environmental assessments included in subdivision proposals must conform with the provisions of the Montana Subdivision and Platting Act by providing all available information on the proposed development‟s potential impacts to natural resources in the area. Without such data, planners are unable to take a “hard look” at the proposal and thus any plat approval will be deemed “arbitrary and capricious or unlawful” by the court if challenged by area landowners who stand to be harmed by the development.

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