76-2-328. Awarding of costs upon appeal from board decision. Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.
History: En. Sec. 7, Ch. 136, L. 1929; re-en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11-2707(12).
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 2. Planning and Zoning
76-2-301. Municipal zoning authorized
76-2-303. Procedure to administer certain annexations and zoning laws -- hearing and notice
76-2-304. Criteria and guidelines for zoning regulations
76-2-305. Alteration of zoning regulations -- protest
76-2-306. Interim zoning ordinances
76-2-308. Enforcement of zoning regulations and ordinances
76-2-309. Conflict with other laws
76-2-310. Extension of municipal zoning and subdivision regulations beyond municipal boundaries
76-2-311. Administration of regulations in extended area
76-2-312. Exclusion for commission-manager plan municipalities
76-2-315. Violations and penalties
76-2-316. through 76-2-320 reserved
76-2-322. Membership and term of board members -- vacancies
76-2-323. Powers of board of adjustment
76-2-324. Vote needed for board action
76-2-325. Public access to board activities
76-2-326. Appeals to board of adjustment
76-2-327. Appeals from board to court of record
76-2-328. Awarding of costs upon appeal from board decision