HomeMy WebLinkAbout04-08-25 Public Comment - J. Amsden - Application No._ 24147; Re_ Demand for Evidence Preservation – Boutique Hotel ProjectFrom:Valery Moreno
To:Bozeman Public Comment
Cc:John Amsden
Subject:[EXTERNAL]Application No.: 24147; Re: Demand for Evidence Preservation – Boutique Hotel Project
Date:Monday, April 7, 2025 11:03:51 AM
Attachments:image001.pngimage003.png25-0407 Amsden to City of Bozeman re LOP.pdf
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Dear Sir/Madam:
Please see attached.
Sincerely,
Valery Moreno
Legal Assistant
610 Professional Drive
Bozeman, MT 59718
Phone: 406.586.8700
Fax: 406.586.8960
Beck, Amsden &
Stalpes pllc
610 Professional Drive
Bozeman, MT 59718
JOHN L. AMSDEN
PARTNER
Tel: 406-586-8700
Amsden@becklawyers.com
April 7, 2025
VIA ELECTRONIC MAIL AND FIRST-CLASS U.S. MAIL
City of Bozeman Attn: City Attorney and Planning Director 121 N. Rouse Avenue Bozeman, MT 59715 comments@bozeman.net
Re: Demand for Evidence Preservation – Boutique Hotel Project
Application No.: 24147
To Whom It May Concern:
This letter serves as formal notice that the Bozeman Hotel Owners’ Association (BHOA) anticipates litigation regarding the City’s processing and potential approval of Application No. 24147, which involves the development of a boutique hotel adjacent to the Bozeman Hotel at 321 E. Main Street.
As you are aware, this proposed project implicates existing parking arrangements essential
to the Bozeman Hotel’s zoning compliance, as approved by the City. The elimination or
reassignment of that parking may constitute a regulatory taking and other violations under
Montana and federal law.
Accordingly, the City is hereby directed to preserve all potentially relevant evidence, including but not limited to:
•All planning, zoning, and permitting records related to Application No. 24147;
•Communications between City staff, commissioners, and the developer or its agents;
•Records concerning the lease, allocation, or approval of parking in the vicinity of the
Bozeman Hotel;
•Documentation of public notices and public meeting materials;
April 7, 2025
Page 2
• Any analysis or discussion regarding zoning compliance, takings liability, or
development right transfers;
• Digital files, emails, text messages, and internal memoranda related to the project.
Please instruct all personnel and departments to implement a litigation hold on the above categories of evidence. Destruction, alteration, or loss of any such materials may result in sanctions and adverse inferences in court.
We expect written confirmation that such a hold has been implemented within 10 business
days.
Sincerely yours,
John L. Amsden