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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. / B : 4 / 144f#1'Y Brion C. Lindseth