Montana

As previously reported, the Montana State Supreme Court has upheld a zoning ruling in favor of factory-built housing. Earlier this year, the Montana Supreme Court affirmed a District Court ruling that found in favor of a homebuyer who purchased and sited a modular home Yurczyk v. Yellowstone County.

In 2000, Yellowstone County issued a stop work order on a modular home that was being moved onto a piece of property on the basis that it did not constitute “on-site construction” and therefore violated the local zoning ordinance. The District Court decided the zoning provisions allowing site-built construction, but not modular or manufactured construction, were in violation of state statutes and found in favor of the homebuyers. Yellowstone County then appealed to the Montana Supreme Court, which upheld the decision of the lower court.

For a complete reading of the Supreme Court decision visit http://www.lawlibrary.state.mt.us/dscgi/ds.py/Get/File-26015/02-062.doc or contact the NMHC.