City attorney briefs council on land‑use roles, evidence and risks ahead of zoning rewrite

Justin, the city attorney, gave an extended presentation to the council clarifying when the body acts in a legislative role (zoning, policy) versus a quasi‑judicial role (subdivision and site‑specific approvals). He emphasized that zoning decisions are policy judgments with broad public notice and comment, while quasi‑judicial decisions must be based on substantial evidence in the record, require written findings and must avoid ex‑parte communications.

Justin reviewed case law and the Montana Land Use Planning Act and drew specific attention to legal risks that commonly lead to successful appeals, including inadequate findings of fact, imposing conditions without a nexus to impacts, and improper ex‑parte communications. He advised council members to "lead the court step by step through your decision" by explicitly tying findings and conditions to evidence on the record.

Why it matters: The council is preparing a zoning and subdivision code rewrite and will consider land‑use packets and staff reports in the coming months. Justin told members they may rely on staff reports and their own site observations but should document the evidentiary basis for any conditions imposed to avoid arbitrary or capricious challenges.

Next steps: Council members asked questions about how to handle planning commission input, expert testimony and the timing of credentialing expert witnesses during hearings. Justin recommended clarifying credentials during testimony and limiting the number of planning‑commission representatives who speak to avoid confusing the record.

The training was intended as practical guidance in advance of substantial code updates and upcoming land‑use hearings.