HomeMy WebLinkAbout09-03-26 Public Comment - S. Bieluch - FORMAL NOTICE OF CONSTITUTIONAL AND STATUTORY VIOLATIONS – APPLICATION NO. 23245From:Scott Bieluch
To:gsullivan@bozemanmt.gov; Bozeman Public Comment
Cc:abently@bozemanmt.gov; Bozeman City Clerks Department; Planning Technician
Subject:[EXTERNAL]FORMAL NOTICE OF CONSTITUTIONAL AND STATUTORY VIOLATIONS – APPLICATION NO. 23245
Date:Thursday, September 3, 2026 5:13:16 PM
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TO: Greg Sullivan, Bozeman City Attorney (gsullivan@bozemanmt.gov)
CC: abentley@bozemanmt.gov, bozemanclerksdepartment@bozemanmt.gov,
planningtech@bozemanmt.gov
FROM: Scott Bieluch, Property Owner (805 W. Lamme Street)
DATE: September 3, 2026
SUBJECT: FORMAL NOTICE OF CONSTITUTIONAL AND STATUTORY VIOLATIONS –APPLICATION NO. 23245
City Attorney Sullivan,
I am writing to formally place your office on notice regarding severe statutory and
constitutional deficiencies concerning the administrative review process for
Application No. 23245 (811 W. Mendenhall Mixed-Use Site Plan). As an adjacent
property owner whose rights are directly compromised, I demand that the CityAttorney’s Office intervene and order a stay on all administrative approvals until the
city's legal liabilities are fully reviewed.
The current administrative pipeline for this application violates the following Montana
state mandates:1. Article II, Section 3 of the Montana Constitution (Clean and Healthful
Environment)
The proposed 95-unit project introduces dense, unmitigated urban impacts—
including significant micro-climate alteration, localized light and noise pollution,and infrastructure degradation—directly bordering a historic residential zone.The city's failure to demand a cumulative environmental impact audit violates
my self-executing constitutional right to a clean and healthful environment.
2. Montana Code Annotated (MCA) § 2-3-103 (Right of Public Participation)The Planning Department is utilizing administrative workarounds to grantsweeping variances on height, density, and mandatory UDC parking ratios
(approving 95 units with only 68 spaces). By keeping these decisions internal
and denying adjacent property owners a formal, televised public hearing beforeelected officials, the city is violating the clear statutory intent of MCA § 2-3-103regarding matters of significant public interest.
3. Unlawful Diminution of Property Value and Regulatory Egress Infringement
By failing to enforce standard municipal parking ratios, the city is activelypermitting a logistical overflow that will block my driveway, compromise saferesidential egress, and cause a direct diminution of my property value.
I demand that your office immediately pause the administrative sign-off of
Application No. 23245 and instruct the Community Development Department to holdall permissions until a formal legal review of these statutory and constitutional
infringements is executed. I am fully prepared to pursue all available remedies under
Montana law to protect my property rights and my neighborhood.
Respectfully submitted,
Scott Bieluch
805 W. Lamme StreetBozeman, MT 59715