Merlin Myers Revocable Trust v. Yellowstone County

2002 MT 201, 53 P.3d 1268, 311 Mont. 194, 158 Oil & Gas Rep. 431, 2002 Mont. LEXIS 391
CourtMontana Supreme Court
DecidedSeptember 5, 2002
Docket01-676
StatusPublished
Cited by16 cases

This text of 2002 MT 201 (Merlin Myers Revocable Trust v. Yellowstone County) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Merlin Myers Revocable Trust v. Yellowstone County, 2002 MT 201, 53 P.3d 1268, 311 Mont. 194, 158 Oil & Gas Rep. 431, 2002 Mont. LEXIS 391 (Mo. 2002).

Opinions

JUSTICE COTTER

delivered the Opinion of the Court.

¶1 Yellowstone County and the Yellowstone County Commissioners appeal the District Court’s ruling reversing the County’s denial of an application for Special Review filed by the Merlin Myers Revocable Trust. We affirm.

ISSUES

¶2 Did the District Court err when it determined that the Montana Code Annotated does not allow a county to deny a special review to mine gravel with an open cut mine in a nonresidential area within its jurisdictional zoning area?

¶3 Did the District Court err when it determined the Yellowstone County Commissioners’ decision to deny the Trust’s Special Review violated Montana’s Separation of Powers Doctrine?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 The parties stipulated to the facts to be considered by the District Court in this case. Only the facts relevant to an understanding of this Court’s ruling are recited below.

¶5 The Merlin Myers Revocable Trust (the Trust) owns property (Property) located in an area of Yellowstone County that is zoned Agricultural-Open Space (AO). The Property is bordered by a mobile home park, a school, a public park and State land. Access to the Property is by way of an easement through the school’s property.

¶6 Myers desired to mine and process gravel on the Property and, in July 2000, he filed an application for Special Review with the Board of Yellowstone County Commissioners (County Commissioners or Commissioners). It is only through the granting of such a Special [196]*196Review by the County Commissioners that gravel mining and processing can be performed. The City of Billings-Yellowstone County Planning Department issued a report in August 2000, recommending approval of the Special Review Application with various operational conditions. The report advised that, under Montana law, the County could not prohibit a gravel operation on property zoned AO but that it could impose reasonable conditions on such an operation. The Planning Department based this legal opinion on a memorandum composed in 1996 by the then-Acting Deputy Yellowstone County Attorney.

¶7 The Yellowstone County Zoning Commission reviewed the Planning Department’s recommendation report on the same day it was issued but was unable to reach a consensus. Therefore, it sent the matter to the County Commissioners withoút a recommendation. Immediately after the Zoning Commission failed to reach a consensus, the Acting Director of the Zoning Staff sought another legal opinion on the issue from the Deputy Yellowstone County Attorney. The Deputy County Attorney concurred with the earlier opinion that the County may not deny Special Review of a gravel operation on non-residential property.

¶8 In September and October 2000, the County Commissioners held two public hearings on the application for Special Review. On the evening prior to the October hearing, Myers and representatives from the school and the mobile home community reached a consensus on agreeable conditions that could be imposed on the gravel operations. The County Commissioners listened to a verbal recitation of the terms of the settlement agreement the following day at the public hearing, but then denied the application. In their written decision the Commissioners stated that permitting the application would “violate the Montana Constitutional rights of students at [a neighboring school] to a clean, healthful and safe environment.”

¶9 In November 2000, the Trust filed a timely request for judicial review of the decision to deny Special Review of its application. In May 2001, the District Court ordered that the June 4,2001 scheduled trial date be used for oral argument to address the question of whether the County Commissioners violated Montana statutes and the Separation of Powers Doctrine, and further ordered that all other issues be deferred until a later date.

¶10 Following argument, the District Court concluded that Yellowstone County and its Commissioners did not have the authority under the applicable Montana statutes to deny the Special Review. The court further concluded that the County Commissioners had [197]*197violated Montana’s Separation of Powers Doctrine with its denial of the Special Review. On June 14,2001, the District Court reversed and remanded the matter to the County Commissioners with instructions to grant the Special Review and determine what, if any, reasonable conditions should be placed on the Trust’s gravel operation.

¶11 Yellowstone County and the County Commissioners filed a timely appeal.

STANDARD OF REVIEW

¶12 The District Court was not called upon to resolve any factual disputes in this matter. It was required only to draw legal conclusions. This Court reviews a district court’s conclusions of law to determine whether its interpretation is correct. Carbon County v. Union Reserve Coal Co., Inc. (1995), 271 Mont. 459, 469, 898 P.2d 680, 686.

DISCUSSION

¶13 The County Commissioners’ denial of Special Review of the Trust’s application, after several months of consideration and information gathering, was premised exclusively on Article II, Section 3 of the Montana Constitution, i.e., Montanans’ fundamental right to a clean and healthful environment. The Commissioners concluded that the gravel operation was not compatible with and would interfere with the surrounding property uses, and would violate the right to a clean and healthful environment as guaranteed by the Montana Constitution to those people who lived and attended school nearby. It was not until the Trust appealed the ruling to the District Court that the County Commissioners presented a statutory justification for their decision for the first time. Relying upon §§ 82-4-431(6) and 82-4-432, MCA, the Commissioners argued that the Trust’s gravel operation must comply with the local zoning regulations requiring a consideration of the community’s health, safety and welfare, and that under these Title 82 statutes, the County Commissioners have the authority to deny a special review to mine gravel with an open cut mine in a nonresidential area within its jurisdictional zoning area.

¶14 The Trust argued to the District Court that under §§ 76-1-113 and 76-2-209, MCA, local planning boards may not prevent the operation of a gravel facility in a nonresidential area. It further argued that the statutes are clear, unambiguous, and directly applicable to this facility which is located on nonresidential property. Significantly, the County Commissioners do not dispute that the denial of the application was contrary to the provisions of § 76-2-209, MCA. However, the Commissioners maintain that the Title 82 statutes support their [198]*198position.

¶15 The District Court analyzed the statutes relied upon by both parties and concluded that the Trust accurately construed the statutes upon which it relied and that the County Commissioners misconstrued the statutes upon which they relied. The District Court held that the language of §§ 76-1-113 and 76-2-209, MCA, set forth below, is clear and unambiguous.

Section 76-1-113. Effect of chapter on natural resources.

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Merlin Myers Revocable Trust v. Yellowstone County
2002 MT 201 (Montana Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
2002 MT 201, 53 P.3d 1268, 311 Mont. 194, 158 Oil & Gas Rep. 431, 2002 Mont. LEXIS 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merlin-myers-revocable-trust-v-yellowstone-county-mont-2002.