Land Use & Zoning

In Montana, 'zoning estoppel' may prevent a local government from enforcing a zoning ordinance when:

AThe government changes zoning without a vote
BA property owner has, in good faith and in substantial reliance on government representations or approvals, made significant expenditures that would be substantially harmed by the zoning change✓ Correct
CA new zoning ordinance is passed without public notice
DAny prior nonconforming use exists on the property

Explanation

Zoning estoppel prevents the government from enforcing zoning changes when a property owner has made substantial investments in good faith reliance on existing permits or government representations, and enforcement would cause unjust harm.

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