ASPEN TRAILS RANCH, LLC v. Simmons

Full Case Name
ASPEN TRAILS RANCH, LLC, Appellant, v. BARRY J. SIMMONS and PETE ELLIOT, and HELENA CITY COMMISSION, Appellees
Description

Commission approved developer's subdivision preliminary plat. Neighbors filed complaints alleging the developer's environmental assessment was inadequate. District Court found the approval of the plat unlawful for failure to address pollution concerns. Developer appealed. The Court found that the Plaintiff's had standing and that the trial court appropriately voided the preliminary plat due to the lack of information about groundwater and surface pollution.

Date
04-14-2010
Court
Montana Supreme Court
Jurisdiction
Montana
Plaintiffs
Defendants
Incident Location
Helena, MT
Disputed Act

City Commission approved developer's subdivision preliminary plat. Neighbors filed complaints alleging the developer's environmental assessment inadequately addressed potential increased traffic, decreased water quality, flooding, and light pollution. District Court found the approval of the plat unlawful for failure to address groundwater and surface pollution concerns. Developer appealed.

Holding
The Court found that allowing the developer to file a motion to appeal after the City declined to do so was within the trial court's discretion, that the Plaintiff's had standing, and that the trial court appropriately voided the preliminary plat due to the lack of information about groundwater and surface pollution.
Disposition