Lewis & Clark County v. HamptonAnnotate this Case
This case arose from a restriction placed on a certain parcel of real property providing that the land would be used exclusively for agricultural purposes. Greg Hampton, a developer, requested the consent of Lewis and Clark County to revoke the agricultural covenant. The County approved the lifting of the covenant subject to thirteen conditions. Hampton then began working on developing his residence on the parcel. The County later filed a complaint requesting injunctive relief and an order requiring Hampton to complete the conditions. A jury determined that Hampton had notice of the thirteen conditions prior to building his home and that he failed to complete four conditions prior to development. The district court then entered final judgment, ordering Hampton to pay the proportionate share of the cost to upgrade Lodgepole Road to County road requirements, among other orders. The Supreme Court largely affirmed, holding (1) the district court did not err in ruling on summary judgment that the County consented to revocation of an agricultural covenant on Hampton’s property; (2) the district court erred in determining that Hampton was only proportionally responsible for the cost of upgrading Lodgepole Road; and (3) the district court did not err in the remainder of its judgment.