Gateway Opencut Mining Action Group v. Bd. of County Comm'rs
Annotate this CaseIn an effort to regulate gravel pits within the county, the Gallatin County Board of Commissioners (Commission) created an interim zoning district and proposed creation of four permanent zoning districts throughout the county. The Gateway Opencut Mining Action Group (GOMAG) sought an injunction against the Commission, claiming the public comment provision of the applicable zoning statute, Mont. Code Ann. 76-2-205(6), was unconstitutional. Subsequently, GOMAG and Gallatin County agreed to defer certain statutorily-required actions until GOMAG's injunction request was heard by the district court. Meanwhile, several county farms and ranchers and two gravel pit owners (Intervenors) intervened in the action, seeking summary judgment on the ground that the Commission had failed to act within the statutorily-required time and, therefore, the case was moot. The district court granted Intervenors' motions for summary judgment. On appeal, the Supreme Court affirmed, holding that because protests filed under the challenged statute had no impact on the course of the Commission proceedings and that no constitutional violation capable of repetition occurred here, the district court did not err in granting summary judgment to Intervenors on the basis of mootness.
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