Helena Sand and Gravel, Inc. v. Lewis and Clark County Planning and Zoning Commission, et al., 2012 MT 272 (Mont. Sup. Ct. 2012)

(plaintiff claimed that defendant had adopted zoning rules that barred mining of sand and gravel on plaintiff's property for which it had a permit to mine 110 acres and wanted to mine the remaining 311 acres; plaintiff's neighbors objected to mining and defendant adopted regulations to bar further mining; defendant classified area as rural residential in spite of fact that five gravel pits in area; court determined that gravel pits were nonconforming uses permitted under state law; growth policy allowed existing gravel pits, but not in area plaintiff wished to mine; court, however, determined that denial of plaintiff's permit could constitute regulatory taking requiring compensation; court affirmed as to zoning part of case, but reversed and remanded on taking issue).