MM&I applied for plat approval for a subdivision containing 135 single family lots with one lot for up to 16 condominiums. After much public opposition, the Commission denied the application. MM&I appealed but the Commission was successful in obtaining judgment in their favor since its decision to deny the application was not random or unreasonable. MM&I appealed.
On appeal, the Court noted as a preliminary matter that MM&I failed to perfect service on the Commission in a prompt manner. While the Court recognized the word “prompt” was to be made on a case by case basis, MM&I effectuated service in a timely manner but they did not so promptly. As to the specific issues, the Court determined that the Commission had not acted improperly when it refused to consider post-hearing deposition testimony of members of the Commission because the testimony concerned Commissioner’s thought processes on actions taken more than five years before. Additionally, the Court determined that the district court did not err when it concluded that the Commission’s denial of the application was not arbitrary or capricious. The Court noted that the Commission denied the application based on adverse impact on health, safety, education and agriculture.
MM & I, LLC v. Board of County Commissioners of Gallatin Co., 358 Mont. 420, 246 P. 3d 1029 (Mont. 12/21/2010)
The opinion can be accessed here
