Judge finds parts of Montana Land Use Planning Act unconstitutional on public‑participation grounds, Bozeman neighbors applaud
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Summary
Allison Sweeney reported that Judge Salvani ruled in favor of MAID on the question of public participation under the Montana Land Use Planning Act, concluding certain provisions that preclude notice and opportunity to be heard for site‑specific development are facially unconstitutional under the Montana Constitution.
Allison Sweeney told the Bozeman Inter Neighborhood Council that Judge W. R. Salvani had ruled in favor of MAID (an advocacy group) on the issue of public participation under the Montana Land Use Planning Act (MLUPA).
“Judge Salvani ruled in MAID's favor on this stating, although public participation is not an issue with the development of a land use plan and zoning and subdivision regulations, it is an issue with the review and approval of an application for a zoning permit or preliminary plat of a subdivision,” Sweeney said, reading from the court opinion. She quoted the ruling that the MLUPA provisions “precluding public participation without notice and opportunity to be heard at the decision making stage by the planning administrator on a proposal for a site specific development … are facially unconstitutional.”
Sweeney said the court concluded those sections violate Article II, Section 8 of the Montana Constitution and that the legislature would have to reexamine that portion of the law; she added the state may appeal.
The announcement prompted audible approval from attendees. The ruling is relevant to local planning because it preserves a public role in site‑specific application reviews that MAID and neighborhood groups argued the law removed.