DeVoe v. City of Missoula
Annotate this CaseClayton DeVoe applied for a building permit for a large storage building to be located on a lot in an area zoned for single-family residences. The City of Missoula issued a building permit pursuant to applicable zoning regulations. After DeVoe began construction, the Board of Adjustment revoked DeVoe's building permit, finding that the storage building was in violation of the zoning regulations. DeVoe filed a civil action in the district court against, inter alia, the Board of Adjustment, the City, and two individuals. The district court granted the individuals' motions to dismiss and awarded attorney fees and costs to the individuals because DeVoe had forced them to defend a frivolous action. The court then upheld the Board's decision to revoke the building permit. The Supreme Court affirmed, holding (1) the district court properly upheld the decision of the Board revoking the building permit for DeVoe's storage building; and (2) the court did not err in awarding attorney fees and costs to the two individuals.
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