Define the court rule in the plaintiff favor

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Reference no: EM131470340

Question: Due Process. In 1994, the Board of County Commissioners of Yellowstone County, Montana, created Zoning District 17 in a rural area of the county and a Planning and Zoning Commission for the district. The commission adopted zoning regulations, which provided, among other things, that "dwelling units" could be built only through "on-site construction." Later, county officials could not identify any health or safety concerns that the on-site construction provision addressed, and there was no indication that homes built off-site would affect property values or any other general welfare interest of the community.

In December 1999, Francis and Anita Yurczyk bought two forty-acre tracts in District 17. The Yurczyks also bought a modular home and moved it onto the property the following spring. Within days, the county advised the Yurczyks that the home violated the on-site construction regulation and would have to be removed. The Yurczyks filed a suit in a Montana state court against the county, alleging in part that the regulation violated the Yurczyks' due process rights. Should the court rule in the plaintiffs' favor? Explain. [Yurczyk v. Yellowstone County, 2004 MT 3, 319 Mont. 169, 83 P.3d 266 (2004)]

Reference no: EM131470340

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