HomeMy WebLinkAboutJardine regarding development impact fees review committee GARY W BJELLAND JARDINE, STEPHENSON, BLEWETT RETIRED:
JOSHUA I CAMPBELL JAMES E.AIKEN
LON T HOLDEN & WEAVER P.C. A KALD JJ..WHAMILTON
JOSEPH D.HOUSTON
DANIEL T JONES ATTORNEYS AT LAW ARTHUR G.MATTEUCCI
JON J KUDRNA 300 CENTRAL AVENUE JOHN D STEPHENSON
BRION C LINDSETH SEVENTH FLOOR,U S.BANK BUILDING
SUE ANN LOVE P.O.Box 2269
GEORGE N McCABE GREAT FALLS,MONTANA 59403-2269
ROBERT B PFENNIGS TEL:(406)727-5000
BRIAN L.TAYLOR FAx:(406)727-5419
PATRICK R WATT E-MAIL. hndseth@jardinelaw corn L�
WARREN C.WENZ f
September 15, 2010 +MI1
Via Email and Certified Mail, Return Receipt Requested einlatted (_ ).4.6 •
Stacy Ulmen
City of Bozeman 9-)5-10
City Clerk's Office
P.O. Box 1230
Bozeman, Montana 59771
Re: Mitchell Development Group, LLC/The Bozeman Gateway
Impact Fee Credit
Appeal of Administrative Decision
Appeal from the decision of the Development Impact Fees Review Committee
Ladies and Gentlemen:
The purpose of this letter is to appeal from the decision of the Development
Impact Fees Review Committee ("Committee Decision") which is expected to be issued
as a result of the meeting of the Development Impact Fees Review Committee
("Committee") concerning Mitchell Development Group, LLC's ("MDG") appeal from
and adverse Administrative Decision on MDG's request for impact fee credits ("Impact
Fee Application").
MDG received draft copies of the minutes of the Committee's meeting
("Committee Minutes") and of a draft Committee Decision yesterday afternoon.
Neither the Committee Minutes nor the Committee Decision have been finalized and I
understand that MDG has a pending request for reconsideration of at least one point
considered at the Committee meeting based on corrected information. Furthermore,
MDG has neither had time nor the opportunity to review or consider either the draft
Committee Minutes or the draft Committee Decision.
MDG believes that since the Committee Decision is not yet final and a final
decision cannot yet be communicated to MDG that no appeal time has begun to run.
MDG understands, however, that alternate interpretations of the appeal timeframe may
be advanced. Therefore, and out of an abundance of caution, MDG hereby appeals the
final Committee Decision to the degree and extent that such final Committee Decision
differs from MDG's Impact Fee Application or Appeal thereof to the Committee. As
specific issues, decisions and differences may become more clear in the future based on
Stacy Ulmen
City CIerk's Office
September 15, 2010
Page 2
the finalization of the Committee Decision and MDG's review and consideration
thereof, the issues on appeal may be further clarified.
Finally, it was MDG's understanding at the Committee meeting that the
Committee believed it was without the authority to recommend, set or approve impact
fee credits, including, without limitation, the right to them and the amounts thereof.
Therefore, to the extent necessary, MDG also appeals its specific request for impact fee
credits or reimbursements of another type as requested in its initial Application and
Appeal, including but not limited to any procedural and authority issues which may be
necessary to resolve in fully adjudicating MDG's requests as set forth in its initial
Impact Fee Application as well as its Appeal therefrom.
Lastly, since the Committee Decision and Committee Minutes are not final and
MDG has not yet had an opportunity to fully consider the final Committee Decision and
its response thereto, MDG reserves the right to supplement this appeal and submit for
consideration further documents, facts, authority and information which MDG may
desire to present in response thereto.
Thank you in advance for your consideration in this matter and if you have any
questions, comments, requests for additional information or if you believe any other
documents, forms, or appeal communications of any type may be necessary in order for
MDG to sustain this appeal,please contact me at the address set forth below.
Very truly yours,
JARDINE, STEPHENSON, BLEWETT & WEAVER, P.C.
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Brion C. Lindseth