Montana Code Annotated

Mont. Code Ann. § 76-2-327 (2026)

Appeals From Board To Court Of Record

✓ current as of May 2026

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TITLE 76. LAND RESOURCES AND USE

CHAPTER 2. PLANNING AND ZONING

Part 3. Municipal Zoning

Appeals From Board To Court Of Record

76-2-327. Appeals from board to court of record. (1) Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department, board, or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be presented to the court within 30 days after the filing of the decision in the office of the board.

(2) Upon the presentation of the petition, the court may allow a writ of certiorari directed to the board of adjustment to review the decision of the board of adjustment and shall prescribe in the writ the time within which a return must be made and served upon the relator's attorney, which may not be less than 10 days and may be extended by the court. The allowance of the writ does not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board, and on due cause shown, grant a restraining order. The board of adjustment may not be required to return the original papers acted upon by it, but it is sufficient to return certified or sworn copies of the original papers or of portions of the original papers that may be called for by the writ. The return must concisely set forth other facts that may be pertinent and material to show the grounds of the decision appealed from and must be verified.

(3) If, upon the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence that it may direct and report the evidence to the court with the referee's findings of fact and conclusions of law, which constitute a part of the proceedings upon which the determination of the court must be made.

(4) The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

History: En. Sec. 7, Ch. 136, L. 1929; re-en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11-2707(8) thru (11); amd. Sec. 2517, Ch. 56, L. 2009.

Notes of Decisions

Cited in 13 cases, 1979–2014 · leading case: Druffel v. Bd. of Adjustment, 2007 MT 220 (Mont. 2007).

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Druffel v. Bd. of Adjustment, 2007 MT 220 (Mont. 2007). · cites it 51× “The Druffels maintain that they possess standing under § 76-2-327, MCA. This statute grants “any taxpayer” the right to petition a court of record to set forth alleged illegalities in the Board’s decision.”

Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). · cites it 4× “In this case, it is clear that the Legislature intended to grant relief to “any person whose rights have been prejudiced.”

DeVOE v. City of Missoula, 2012 MT 72 (Mont. 2012). · cites it 6× “Section 76-2-327, MCA, similarly provides for judicial review of a decision of a board of adjustment, upon petition to the district court.”

Ballas v. Missoula City Bd. of Adjustment, 2007 MT 299 (Mont. 2007). · cites it 3× “The District Court is statutorily authorized to hear such appeals, and we conclude that the District Court has subject matter jurisdiction over this case.”

Town & Country Foods, Inc. v. City of Bozeman, 2009 MT 72 (Mont. 2009). · cites it 3× “¶13 Section 76-2-327, MCA, authorizes a court reviewing a zoning decision made by a board of adjustment or any officer, department, board, or bureau of the municipality to hold a hearing and reverse, *456 affirm, or modify a zoning decision.”

Schendel v. Bd. of Adjustment, 774 P.2d 379 (Mont. 1989). · cites it 8× “This Court must consider whether the District Court, on certiorari, properly considered this matter under § 76-2-327, MCA, which provides that a district court may hold a hearing, take further evidence on the matter, "reverse or affirm, wholly or partly, or may modify the…”

MacK T. Anderson Ins. Agency, Inc. v. City of Belgrade, 803 P.2d 648 (Mont. 1990). · cites it 5× “On September 21, 1989, an order for writ of certiorari to issue was entered by the District Court pursuant to § 76-2-327, MCA. The District Court heard oral argument, reviewed the entire record before it, and made an on-site inspection of the geographical area in question.”

Sutey Oil Co. v. Anaconda-Deer Lodge Cnty. Plan. Bd., 1998 MT 127 (Mont. 1998). · cites it 10× “In a case involving an appeal from a decision by the Board of Adjustment, however, § 76-2-327, MCA, provides the district court with a broader scope of review than that generally available upon a writ of certiorari.”

Kay v. City of Rancho Palos Verdes, 504 F.3d 803 (9th Cir. 2007). “110 (30 days); Mont.Code Ann. § 76-2-327 (30 days); Neb.”

State Ex Rel. Popham v. Hamilton City Council, 604 P.2d 312 (Mont. 1979). · cites it 3× “I believe, however, that pursuant to section 76-2-327, MCA, the plaintiff here has a remedy by which to *30 challenge the action taken by the City of Hamilton.”

Doody v. City of Great Falls, 2002 MT 96N (Mont. 2002). · cites it 7× “Compare § 76-2-326, MCA 10 (authorizing appeals from administrative officers to the Board of Adjustment) with § 76-2-327, MCA (authorizing appeals from the Board of Adjustment to a court of record).”

Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). · cites it 2× “In this case, it is clear that the Legislature intended to grant relief to “any person whose rights have been prejudiced.”

Show all 13 citing cases →

— Mont. Code Ann. § 76-2-327(1) — 1 case

Druffel v. Bd. of Adjustment, 2007 MT 220 (Mont. 2007). “The Druffels maintain that they possess standing under § 76-2-327, MCA. This statute grants “any taxpayer” the right to petition a court of record to set forth alleged illegalities in the Board’s decision.”

— Mont. Code Ann. § 76-2-327(2) — 2 cases

Doody v. City of Great Falls, 2002 MT 96N (Mont. 2002). “Compare § 76-2-326, MCA 10 (authorizing appeals from administrative officers to the Board of Adjustment) with § 76-2-327, MCA (authorizing appeals from the Board of Adjustment to a court of record).”

— Mont. Code Ann. § 76-2-327(3) — 2 cases

MacK T. Anderson Ins. Agency, Inc. v. City of Belgrade, 803 P.2d 648 (Mont. 1990). “On September 21, 1989, an order for writ of certiorari to issue was entered by the District Court pursuant to § 76-2-327, MCA. The District Court heard oral argument, reviewed the entire record before it, and made an on-site inspection of the geographical area in question.”

— Mont. Code Ann. § 76-2-327(4) — 1 case

DeVOE v. City of Missoula, 2012 MT 72 (Mont. 2012). “Section 76-2-327, MCA, similarly provides for judicial review of a decision of a board of adjustment, upon petition to the district court.”

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