Williams v. Bd. of County Commr’s

Landowners protested pursuant to Mont. Code Ann. 76-2-205(6) to block the Board of County Commissioners of Missoula County from establishing a special zoning district north of Lolo, Montana. Landowners effectively blocked the zoning proposal pursuant to section 76-2-205(6). L. Reed Williams filed a complaint against Commissioners, challenging the constitutionality of the statute. Landowners intervened in the action. The district court denied Landowners’ motion to dismiss and granted summary judgment to Williams and Commissioners, concluding that section 76-2-205(6) was an unconstitutional delegation of legislative power and an unconstitutional violation of the right to equal protection and the right to suffrage. The Supreme Court upheld the Commissioners’ adoption of the special zoning district and affirmed the district court, holding that the district court did not err in (1) denying Landowners’ motion to dismiss Williams’ complaint for failure to join them as necessary parties; (2) determining that section 76-2-205(6) was an unconstitutional delegation of legislative power; and (3) ruling that section 76-2-205(6) was severable from the remainder of the statute.

Williams v. Bd. of County Commr’s