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HomeMy WebLinkAbout07-20-21 Public Comment - M. Kennedy - Bridger MeadowsFrom:Matthew Kennedy To:Agenda Cc:Michael Rabb Subject:RE: 07-20-2021 Public Comment Date:Tuesday, July 20, 2021 11:59:56 AM Attachments:210720_Rabb Law Firm_Links Position Statement.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To the City Commission: Please see the attached letter from attorney Michael L. Rabb, containing public comment on behalf of The Links Condominium Owners Association, Inc. regarding Action Items H.1 andH.2 of the City of Bozeman Commission meeting scheduled for 7-20-2021 (Bridger Meadows Major Subdivision Preliminary Plat Approval and code relaxations). Thank you, Matthew D. Kennedy, CPCertified ParalegalThe Rabb Law Firm, PLLC3950 Valley Commons Drive, Suite 1 Bozeman, MT 59718p. (406) 404-1747 mkennedy@therabblawfirm.comwww.therabblawfirm.com PRIVILEGE NOTICE: This electronic mail transmission may constitute an attorney-client communication that is privileged by law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please notify The Rabb Law Firm, PLLC by reply e-mail or by phone so our address record can be corrected. Please then delete this communication and any copies. DEBT COLLECTION NOTICE: The Rabb Law Firm, PLLC collects debt on behalf of some of our clients. If youowe a debt to a client of The Rabb Law Firm, PLLC, you should consider this communication as being from a debtcollector, and are advised that any information obtained from you may be used to collect that debt. 1 July 20, 2021 City of Bozeman Commission 121 N. Rouse Ave Bozeman, MT 59715 agenda@bozeman.net RE: Bridger Meadows Major Subdivision Dear City Commission: The Rabb Law Firm, PLLC represents the Links Condominium Owners Association, Incorporated (“The Links”), which is the owner of the land immediately to the east of the proposed Bridger Meadows Subdivision. The Links opposes the Bridger Meadows Subdivision because it has been presented to the City Commission on Bridger Center, LLC’s (the “Developer”) representation that it acquired land from The Links and that it acquired easement rights granting access through The Links to the proposed Bridger Meadows Subdivision. The Links filed a lawsuit on July 10, 2020 here in Gallatin County District Court as Case DV-20-763B. The lawsuit contests the Developer’s claim that it acquired land and an easement from the Links. This lawsuit is ongoing, and the issues presented in it have not been resolved. This written position statement is intended to give the City Commission information regarding how the Links’ lawsuit may affect the representations made by the Developer in its application for approval. Golf Course Partners Incorporated was the developer of The Links and formed The Links as a nonprofit corporation to oversee and manage the condomium development. The Links is governed by it’s Bylaws, Declarations, the Montana Nonprofit Corporation Act and the Montana Unit Ownership Act. [continued on next page] July 20, 2021 Re: Bridger Meadows Major Subdivision 2 Figure 1 Figure 2 Purported Acquisition of Land From the Links The Commission will notice an inconsistency in the maps that the City staff presented of the proposed Bridger Meadows Subdivision. This inconsistency is circled in red (above) and shows the purported land transfer that is at issue in the lawsuit.1 The Links contends that the subject property is more accurately depicted in Figure 1. The Developer contends that the subject property is as depicted in Figure 2 because the Developer contends that it obtained an agreement from Golf Course Partners to swap land in early 2020. Simply put, the Links’ lawsuit contends that the purported transfer to the Developer was ineffective because Golf Course Partners did not have the unilateral power to hand over The Links’ land or common elements to a third-party. 1 The Rabb Law Firm is not contending that the City staff was negligent in the presentation of inconsistent maps: Figure 1 appears to be presented solely for purposes of showing what the zoning of the subject property is, and not what the purported boundary of the property is. The Firm simply presents the inconsistent maps here to show the land at issue in the lawsuit filed by The Links. July 20, 2021 Re: Bridger Meadows Major Subdivision 3 Purported Access Through the Links Figure 3 The Links has always been represented as, and sold to its members as, a planned cul-de-sac community. The Developer, however, claims that Golf Course Partners granted it an easement through the Links to access the subject property: thereby converting the cul-de-sac to a through street (as depicted by the arrow in Figure 3). The Links lawsuit contends that Golf Course Partners did not have the unilateral authority to grant a right in The Links’ land to a third-party or to change the nature of the cul-de-sac community to a through street. The Lawsuit Generally There are various legal contentions supporting the Links’ position that Golf Course Partners did not have the unilateral authority to transfer these interests in the Links’ land. These positions rely on The Links’ Bylaws and Declarations, the Montana Non-Profit Corporation Act and the Montana Unit Ownership Act. Since the Commission is not tasked with determining the validity of these legal arguments, or the outcome of the lawsuit, these legal arguments will not be presented in this position statement. July 20, 2021 Re: Bridger Meadows Major Subdivision 4 To demonstrate the strength of the lawsuit, however, please consider the following: Even if Golf Course Partners did retain the right to unilaterally grant easements, that power was restricted by Article VI of the Declarations, which states that any easement granted by Golf Course Partners must be consistent with The Links Condominiums Project: The Links lawsuit contends that the purported easement to Bridger Meadows Subdivision is specifically precluded because it attempts to convert The Links from a cul-de-sac community to a through-street neighborhood, which is inconsistent with “The Links Condominium Project”. Thank you for your consideration. If the Commission desires additional information, please feel free to contact my office. Sincerely, Michael L. Rabb