Memorandum
REPORT TO:
City Commission
FROM:
Greg Sullivan, City Attorney
Kelley Rischke, Assistant City Attorney
SUBJECT:
Make and Adopt Additional Findings of Fact Regarding Preliminary Planned Unit Development Application 22293 and Preliminary Plat Application 22294 in Accordance with the Court's August 3, 2026 Order Re: Cross Motions for Summary Judgment in the Bridger Center, LLC v. City of Bozeman Matter (Quasi-Judicial)
MEETING DATE:
September 21, 2026
AGENDA ITEM TYPE:
Community Development - Quasi-Judicial
RECOMMENDATION:
Consider the Motion: I move to adopt the additional Findings of Fact applicable to Preliminary PUD Application 22293 and Preliminary Plat Application 22294.
STRATEGIC PLAN:
BACKGROUND:
On March 21, 2023, the Bozeman City Commission held a public hearing to consider planning applications 22293, a preliminary planned unit development application, and 22294, a preliminary plat application, which requested relaxations from code requirements and proposed development of 16 residential lots known as Shady Glen. For each application, the Commission heard presentations from City staff and the developer and took public comment. After considering the application materials, the presentations, recommendations of the advisory board, and public comment, the Commission articulated its rationale and made oral findings supporting its decision to deny both applications. The Commission adopted written findings of fact for Application 22293 and Application 22294, attached.
On June 1, 2023, the applicant filed an appeal of the City's denial of its applications in state district court, alleging the decisions were arbitrary, capricious, or unlawful. The City has been litigating this matter ever since.
In February, 2026, the Plaintiff and the City each filed motions for summary judgment, asking the judge to decide whether the City's decisions were arbitrary, capricious, or unlawful. After considering the extensive briefing on the motions, on August 3, 2026, the Court issued an Order on the parties' cross motions for summary judgment remanding this matter to the City Commission for additional findings and proceedings.
Therefore, the purpose of this action item is to make additional findings in accordance with the Court's Order.
UNRESOLVED ISSUES:
None
ALTERNATIVES:
As directed by the Commission
FISCAL EFFECTS:
None