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Lawsuit over land use decision

Man claims permit was wrongly denied

ODESSA — A local man whose application for a conditional use permit to grow marijuana indoors on a property north of town was denied is suing Lincoln County and a Montana man after the commissioners denied his application Monday, Aug. 7.

In a petition for review of land use decision filed in Lincoln County Superior Court Thursday, Aug. 17 against the county and Ervin Schmelebeck of Kalispell, Zach Schmelebeck claimed that the commissioners erroneously adopted a Hearing Examiner’s report that the proposed pot grow was within a half mile of a residential property or structure, which is prohibite...


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