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Zoning Bulletin August 25, 2010 Volume 41 No. 16 <br />See also: Rappa v. New Castle County, 18 F.3d 1043 (3d Cir. 1994). <br />See also: Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 101 <br />S. Ct. 2882, 69 L. Ed. 2d 800, 16 Env't. Rep. Cas. (BNA) 1057, 11 <br />Envtl. L. Rep. 20600 (1981). <br />Case Note: Melrose had also argued that the four criteria ap- <br />plied by the zoning board were impermissibly vague or subjec- <br />tive. The court disagreed, finding instead that the criteria repre- <br />sented "narrow, objective and definite standards" to guide the <br />zoning board's decision making. <br />Case Note: Melrose had also argued that application of the zon- <br />ing code to its sign applications violated its equal protection <br />rights. The court found this allegation failed as Melrose "clearly <br />failed to establish that it [was] similarly situated to those entities <br />whose signs ha[d] been approved." <br />Spot Zoning— Protestor Claims Rezone is Illegal <br />Spot Zoning <br />County says claim fails because an alternative special use <br />permit option rendered the zone change unnecessary <br />Citation: Plains Grains Ltd. Partnership v. Board of County Com'rs <br />of Cascade County, 2010 MT 155, 2010 WL 2796441 (Mont. 2010) <br />MONTANA (07/16/10) —This case addressed the issue of whether <br />the rezoning of certain land constituted impermissible spot zoning. <br />The Background/Facts: Duane and Mary E. Urquhart and Scott <br />and Linda Urquhart (collectively, the "Urquharts ") owned 668 acres <br />of land in the county. They agreed to sell the land to Southern Mon- <br />tana Electric (SME), which sought to construct a natural gas fired <br />electric generating station (the "Electric Station ") on the land. <br />In furtherance of those plans, in October 2007, the Urquharts <br />submitted a rezoning application to the county. They requested <br />a zone change of the 668 acres of land from Agricultural (A -2) to <br />Heavy Industrial (I -2). <br />In reviewing the rezone request, the county's planning depart- <br />ment (the "Department ") noted that the A -2 zone permitted elec- <br />trical generation facilities through the special use permit process. <br />© 2010 Thomson Reuters 5 <br />