A. Definition: 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.
B. Who May File: The following parties may appeal under the provisions of subsection D of this section:
1. The subdivider;
2. 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; and
3. The governing body.
C. Recover Actual Damages: A person who has filed an application for a subdivision under the MSPA and this title with the governing body, may bring an action in the state of Montana district court to sue the governing body to recover actual damages caused by a final action, decision, or order of the governing body or any regulation adopted pursuant to the MSPA that is arbitrary or capricious.
D. Petition: A party identified in subsection B of this section who is aggrieved by a decision of the governing body to approve, conditionally approve, or deny an application and preliminary plat for a proposed subdivision or a final subdivision plat, pursuant to this title, may, within thirty (30) days after the decision, appeal to the district court. The petition must specify the grounds upon which the appeal is made. (Ord. 784, 8-6-2007; amd. 2008 Code)