(A) Except as provided in MCA § 76-3-207 and these regulations, every final subdivision plat must be filed for record with the County Clerk and Recorder before title to the subdivided land can be sold or transferred in any manner. If unlawful transfers are made, the County Attorney shall commence action to enjoin further sales or transfers, and compel compliance with all provisions of the MSPA and these regulations. The cost of this action shall be imposed against the party not prevailing.
(B) A person who has filed with the Town Council an application for a subdivision under the MSPA and these regulations may bring an action in district court to sue the Town Council to recover actual damages caused by a final action, decision, or order of the Town Council, or a regulation adopted pursuant to the MSPA that is arbitrary or capricious.
(1) A party identified in division (B)(3) below who is aggrieved by a decision of the Town Council to approve, conditionally approve, or deny an application and preliminary plat for a proposed subdivision or a final subdivision plat may, within 30 days after the decision, appeal to the district court in the county in which the property involved is located. The petition must specify the grounds upon which the appeal is made.
(2) For the purposes of this section, AGGRIEVED means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, who has been, or is likely to be, specially and injuriously affected by the decision.
(3) The following parties may appeal under the provisions of division (B)(2) above:
(a) The subdivider;
(b) A landowner with a property boundary contiguous to the proposed subdivision or a private landowner with property within the county or municipality where the subdivision is proposed if that landowner can show a likelihood of material injury to the landowner’s property or its value;
(c) The County Commissioners of the county where the subdivision is proposed; and
(d) One of the following municipalities:
1. A first-class municipality, as described in MCA § 7-1-4111, if a subdivision is proposed within three miles of its limits;
2. A second-class municipality, as described in MCA § 7-1-4111, if a subdivision is proposed within two miles of its limits; or
3. A third-class municipality, as described in MCA § 7-1-4111, if a subdivision is proposed within one mile of its limits.
(Prior Code, § 11-4-32) Penalty, see § 154.99