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Aspire Subdivision organizers say two counts remain in district court and an appeal was accepted by Montana Supreme Court
Summary
Presenters told the council that after dismissals at the district level two counts related to rezoning remain in 4th District Court and that an appeal of dismissed counts was submitted and ‘‘accepted by the Supreme Court of Montana.’’ The group also reported formation of a 501(c)(3) and fundraising activity.
Representatives for the neighborhood litigation addressing the Aspire Subdivision updated the East Missoula Community Council on May 12, saying some claims were dismissed in district court while two counts related to rezoning remain before Judge Larson in the Fourth Judicial District. One presenter said their April 16 appeal "was accepted by the Supreme Court of Montana," creating a second, separate proceeding.
The presenter (S4) explained the district-court litigation began after the city councilactions on Aug. 26, 2024, including annexation, rezoning, variances and preliminary plat approval; of the multiple counts filed, several were dismissed and two remain. The presenter described the neighborhood-character overlay and rezoning dispute as the core of the remaining counts.
Separately, Save East Missoula (presenter S5) described organizational and fundraising steps: the group registered a 501(c)(3), retained Helena-based counsel (MSWD), closed a preliminary GoFundMe that raised about $1,570, and established alternative donation channels. S5 said an amended complaint was filed in 4th District Court on April 6 and a summons was served on the City of Missoula on May 5; S5 said the city had 21 days to respond and that a response was expected by May 26.
Speakers emphasized they were at an early stage of appellate procedure and would return with further updates as filings become public.
The presenters did not request formal council action; they asked the community to stay informed and consider supporting the effort through donations and outreach.
