Madison River R.V. Ltd. v. Town of Ennis

No. 99-167 (994 P.2d 1098) (Mont. January 20, 2000)

The court affirms a lower court decision upholding a town council's denial of a company's application for a preliminary subdivision plat approval in connection with its proposal to construct a recreational vehicle park. The court first holds that an allegedly biased councilman's participation in the council vote did not constitute error requiring the vacation of the council's decision. Although the councilman expressed doubts about the subdivision's effect on the town, there is no evidence that his mind was irrevocably closed on the subject of the proposed subdivision. Similarly, the company failed to support its contention that the councilman had a financial interest in the denial of its application. The court next holds that the council's findings were timely and properly a part of the record for the lower court's review. The fact that the company's notice of appeal to the lower court was prematurely filed does not render untimely the council's written statement of reasons for the application's denial. The court additionally holds that the council's decision denying the application was not arbitrary, capricious, or unlawful. The council heard evidence that the proposed subdivision did not conform to the goals of the town's comprehensive plan and posed a threat to the health, safety, and welfare of the townspeople. Moreover, testimony raised serious questions about adding the subdivision's waste to the town's sewage treatment system, and the admission of a postdated letter at the council hearing did not constitute error. The council also heard testimony from a number of concerned citizens who opposed the proposal. Last, the court holds that the company did not allege facts from which the court could find that it suffered a taking by inverse condemnation. Nothing in the record suggests that the company was denied all economically beneficial use of the property resulting from the council's denial of its application.

The full text of this opinion is available from ELR (10 pp., ELR Order No. L-153).

Counsel for Petitioner
Robert T. Cummins
Law Offices of Robert T. Cummins
One Last Chance Gulch St., Helena MT 59601
(406) 442-9022/443-7777

Counsel for Respondent
J. Robert Planalp
Landoe, Brown, Planalp, Braaksma & Reida
27 N. Tracy St., Bozeman MT 59771
(406) 586-4351

[30 ELR 20272]

[NO TEXT IN ORIGINAL]