United States v. 4.5 Acres of Land

I. FACTUAL AND PROCEDURAL BACKGROUND

In September 2000, Jerry Croskrey purchased a 21-acre parcel of land adjoining the Murray Springs fish hatchery in Libby, Montana from the Lincoln County School Board. Croskrey paid $65,000 for the land, and also bought an option to purchase the neighboring 20-acre lot for $55,000, which he exercised in June 2002. In August 2001, Croskrey’s real estate agent, Pamela Flowers, purchased Croskrey’s 21-acre UNITED STATES v. 4.85 ACRES OF LAND 13887 lot for $142,000. In April 2002, Flowers subdivided four one- acre lots from the 21-acre property and transferred them to family members. Flowers then began plans to subdivide and develop part of her property into the Good Hope subdivision. In September 2002, the county granted preliminary approval for four one-acre lots in the subdivision.

Croskrey filed a similar subdivision plan with the county, seeking to subdivide the southern portion of his 20-acre lot into six one-acre lots. The county granted preliminary approval for the subdivision (called the Hidden Meadows sub- division) in October 2002. However, the Montana Department of Environmental Quality denied Croskrey’s application in…