Treasure County v. Edlund

Summary

The Montana Supreme Court affirmed the declaration that Edlund’s proposed countywide wind-energy ordinance was invalid because it relied on general county powers even though specific land-use and zoning statutes governed the County’s authority. The ordinance’s permitting, enforcement, penalty, appeal, and decommissioning provisions exceeded that authority, and the court held that the District Court properly declined to reach constitutionality after resolving the case on statutory grounds. The court also held that the judgment was not advisory because it resolved a concrete dispute over the proposed ordinance’s validity.