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HomeMy WebLinkAbout10-07-25 Public Comment - R. Blank - Public Comment on Action Item regarding King Arthur ParkFrom:RogerBlankEsq To:Bozeman Public Comment Subject:[EXTERNAL]Public Comment on Action Item regarding King Arthur Park Date:Tuesday, October 7, 2025 11:58:25 AM 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. Dear Mayor Cunningham, Deputy Mayor Morrison and Commissioners Fischer, Madgic and Bode, Good day. I write you today to oppose this evening’s proposed action item resolution in whichthe Commission will vote to issue a letter to essentially “extort” Mr. Gary Oakland, the elderly owner of the King Arthur and Mountain Meadows mobile home parks to sell his property atbelow market price to the residents; otherwise if he doesn’t respond within five (5) business days or from the tone of your memorandum, if he doesn’t respond with agreement of your“request," that you all will jointly submit for publication an opinion letter in both the Bozeman and Billings press markets critical of his failure to do so; per the city’s memorandum datedSeptember 29, 2025. Since the referenced properties are in the county and outside the city limits, the city has no legal jurisdiction to engage on this matter; accordingly the actions already taken and shouldyou move forward with this action item, it will be exceeding the Commission’s legal authority. My understanding, is that the Commission is engaging in this action at the request of or to thebenefit of the Tenants United political group. It’s no secret that Deputy Mayor Morrison was instrumental in establishing this group and understandably has a soft spot in his heart for them;as does Commissioner Bode and apparently the remaining members of the Commission. That doesn’t change the lack of jurisdictional authority which limits the Commission’s right or inthis case lack of a right to take action. The time the Commission and city hall staff has already used to address this matter is an inappropriate use of Bozeman taxpayers resources. Further, should the Commission move forward with this action item, the following provisionsof the Montana Code Annotated may be considered to have been violated: Title 45. Crimes - Chapter 7. Offenses Against Public Administration - Part 4. Official Misconduct. 45-7-401. Official misconduct. (1) A public servant commits the offense of official misconduct when in an official capacity the public servant commits any of the following acts:(c) with the purpose to obtain a personal advantage or an advantage for another, performs an act in excess of the public servant's lawful authority; Here the Commission is seeking to obtain an advantage for the residents of those mobile homeparks and/or the Tenants United organization through the use of its official authority where it does not possess such legal authority to act. I also direct the Commission to the Montana Code Annotated, specifically:Title 27. Civil Liability, Remedies and Limitations - Chapter 1. Availability of Remedies- Liability - Part 15. Montana Anti-Intimidation Act 27-1-1503. Civil action. (2) An individual or organization who is attempting to exercise alegally protected right and who is injured, harassed, or aggrieved by a threat or intimidation has a civil cause of action against the person engaging in the threatening or intimidatingbehavior. This provision may be considered triggered since the property owner, Mr. Oakland, is exercising his lawful right to sell his property at a market rate and is being threatened by theCommission with negative exposure and public scorn through the publication critical of his lawful actions. Lastly, although there is insufficient information at the time of my drafting this publiccomment, according to the negotiations and their status that Mr. Oakland is engaged in, should the Commission’s actions interfere with them, the Commission may be subject to a civil claimby Mr. Oakland of Intentional Interference with Economic Advantage as recognized by the Montana Supreme Court in Maloney v. Home & Investment Center, Inc., 2000 MT 34, ¶ 38,298 Mont. 213, 994 P.2d 1124, Pospisil v. First Nat’l Bank of Lewistown, 2001 MT 286, ¶ 27, 307 Mont. 392, 37 P.3d 704 and Emmerson v. Walker, 2010 MT 167, ¶ 17, 357 Mont. 166,237 P.3d 1008. Your actions have already abused the taxpayers by diverting government resources to an issue outside of your jurisdiction. Should the Commission actually act on this action item you’repotentially exposing the City to litigation for actions exceeding your legal authority. Accordingly, I formally oppose the passage of this action item. Respectfully submitted,Roger S. Blank Blank Law, P.C.*2201 Baxter Lane, Suite 10295 Bozeman, Montana 59718-9998Cell: 406-613-9225 Fax: 406-295-1680RogerBlankEsq@mac.com *Admitted before the courts of New York, the Southern and Eastern Federal Districts of New York and The Supreme Court of the United States. 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