Land Use Planning

A governing body's decision to amend or revise a growth policy or a zoning designation constitutes a legislative act.  N. 93 Neighbors, Inc. v. Bd. of Cnty. Comm'rs, 2006 MT 132, ¶ 18, 332 Mont. 327, 137 P.3d 557; Citizens for a Better Flathead v. Bd. of Cnty. Comm'rs, 2016 MT 256, ¶ 11, 385 Mont. 156, ___ P.3d ___.  We review such a decision for an abuse of discretion.  N. 93 Neighbors, Inc., ¶ 18; Citizens for a Better Flathead, ¶ 11.

The applicable standard of review is whether the information upon which the governing body based its decision is so lacking in fact and foundation that it is clearly unreasonable and constitutes an abuse of discretion.  Lake Cnty. First v. Polson City Council, 2009 MT 322, ¶ 34, 352 Mont. 489, 218 P.3d 816.