Montanans Against Irresponsible Densification v. State
The Montana Supreme Court reversed a lower court’s preliminary injunction against state laws requiring municipalities to allow multi-unit dwellings in single-family zoned areas, finding that the state constitutional right to acquire and protect property is subject to the state’s police power and that the “possibility” of constitutional harm is insufficient to support an injunction.
On summary judgment, the lower court upheld all the housing reform laws at issue, except it found a land-use planning law violated the public’s constitutional right to participate in land-use decisions and declared that the laws could not displace more restrictive homeowner covenants. The Montana Supreme Court on appeal reversed in part and affirmed in part, holding that the land-use law did not facially violate the right of public participation, affirming that the laws did not violate state equal protection, and vacating the declaratory restrictive covenant ruling as an advisory opinion.
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