Lewistown commission authorizes city attorney to seek judicial review of Board of Adjustments decision on Spring Street apartments

The Lewistown City Commission voted to authorize the city’s legal counsel — or a retained land-use attorney — to prepare a filing in district court seeking judicial review of the Board of Adjustments’ decision on variances tied to the Spring Street Apartments project.

A commissioner who raised the motion argued that the Board of Adjustments lacked proper authority or followed an improper process in granting variances and urged the council to ask the city attorney to seek a court review of the process that led to the decision. "I move to authorize our city attorney to file a petition in the district court seeking judicial review of the Board of Adjustments decision regarding the Spring Street Apartments," the commissioner said during debate.

Commissioners and members of the public debated whether the city should pursue court action, who would incur legal costs and whether the group opposing the development had already hired private counsel. One commissioner said the homeowners near the project had engaged an attorney; another commissioner said the city could be sued whether it acted or not and weighed the risks of precipitating litigation. Staff said the city’s land-use attorney could provide guidance and that the city attorney was on family medical leave but would return; the commission indicated the filing would be prepared by city legal counsel or retained land-use counsel.

The motion was seconded, discussed, and taken to a roll-call vote. The roll call recorded a majority in favor and one or more recorded nos; the clerk announced the motion passed. The commission directed legal staff to examine the process and prepare appropriate filings to seek judicial review of whether the variance decision followed required procedure.

Public commenters and at least one commissioner urged caution and emphasized the importance of following statutory timelines and correct process; staff said the review would focus on the process that allowed the variance to advance to the Board of Adjustments rather than on the underlying merits of the variance itself.

Next steps: legal counsel will review the record and advise on whether to file for judicial review in district court; the commission directed staff to share guidance from the land-use attorney with the commission when available.