Heffernan v. Missoula City Council

Full Case Name
KATHY HEFFERNAN, ROBIN CAREY, DAVID HARMON, and NORTH DUNCAN DRIVE NEIGHBORHOOD ASSOCIATION, INC., Plaintiffs and Appellees, v. MISSOULA CITY COUNCIL, CITY OF MISSOULA, and JOHN ENGEN, Mayor, Defendants and Appellants, and MUTH-HILLBERRY, LLC, Intervenor-Defendant and Appellant
Description

City approved plans for a subdivision. Neighbors and an association opposed the subdivision and petitioned for judicial review. District Court found City's decisions to be arbitrary and capricious. City and developer appealed. Court held that Plaintiffs had standing and that the City was required to substantially comply with its growth policy, but did not do so when it approved the subdivision plan. Court also found that the agreement between City and the developer did not supersede the growth policy.

Date
05-03-2011
Court
Montana Supreme Court
Jurisdiction
Montana
Plaintiffs
Defendants
Incident Location
Missoula, MT
Disputed Act

City approved plans for a 37-lot subdivision. Nearby residents and a neighborhood association opposed the subdivision due to incompatibility with the City's growth policy, ecological concerns, traffic, and light pollution; they then petitioned for judicial review. District Court found City's decisions to be arbitrary and capricious. City and developer appealed.

Holding
The Court held that the Plaintiffs had standing and that the City was required to substantially comply with its growth policy, but did not do so when it approved the subdivision plan. The Court also found that the density rights agreement between the City and the developer did not supersede the growth policy.
Disposition