Montana Code 76-8-113. Actions against governing body and department

76-8-113. Actions against governing body and department. (1) An applicant who has filed an application for the creation of buildings for lease or rent and who is aggrieved by a decision of the department or the local reviewing authority may request a hearing as provided in 76-4-126(1). For purposes of this subsection, the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to the proceeding.

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Terms Used In Montana Code 76-8-113

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 76-8-101
Governing body: means the legislative authority for a city, town, county, or consolidated city-county government. See Montana Code 76-8-101
Landowner: means an owner of a legal or equitable interest in real property. See Montana Code 76-8-101
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Local reviewing authority: means a local department or board of health that is approved to conduct reviews under Title 76, chapter 4. See Montana Code 76-8-101
Property: means real and personal property. See Montana Code 1-1-205
Tract: means an individual parcel of land that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office. See Montana Code 76-8-101

(2)An applicant who has filed an application for the creation of buildings for lease or rent or a landowner with a property boundary contiguous to the tract on which the buildings are proposed to be located who is aggrieved by a decision of the governing body may, within 30 days of the date of the decision of the governing body, appeal to the district court in the county in which the property involved is located.

(3)For purposes of this section, “aggrieved” has the meaning provided in 76-3-625.

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