Allen v. Lakeside Neighborhood Planning Committee
308 P.3d 956
Mont.2013Background
- 1995: original Lakeside Neighborhood Plan adopted and Lakeside Community Council formed as advisory body.
- 2007 Growth Policy adopted requiring revisions to existing neighborhood plans.
- Late 2007: LNPC formed to revise plan; meetings often private; password-protected Yahoo Group created.
- 2009: nineteen Lakeside property owners sue for open meeting violations and secret website use.
- 2010: Planning Board approves revised Lakeside Neighborhood Plan; County Commissioners adopt in December.
- 2011: District Court grants summary judgment favoring LNPC and Flathead County; open meeting and Yahoo issues addressed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether voiding the 2010 LNP was proper. | Allen v. LNPC: remedy lies in voiding Plan for OML violations. | LNPC not an agency; voiding not available; later meetings cured violations. | No voiding of the Plan; not an available remedy. |
| Whether destruction of public records claim has a remedy. | Destruction of records warrants relief voiding or other remedy. | Amended complaint did not seek specific relief; void remedy inappropriate. | District Court dismissal upheld; remedy not stated within pleading. |
| Whether a Yahoo Group meeting could satisfy the open meetings statute. | Electronic meetings via Yahoo Group could count as public meetings. | No quorum could convene online; technology not suitable for meetings; cautionary stance on emails. | No Yahoo Group meeting occurred; court declined to extend to electronic meetings but cautioned. |
Key Cases Cited
- Bryan v. Yellowstone County Elementary School District No. 2, 60 P.3d 381 (2002 MT 264) (remedy may void open-meetings violations in some contexts)
- Common Cause of Montana v. Statutory Committee to Nominate Candidates for Com’r of Political Practices, 868 P.2d 604 (1994 MT ?) (advisory committee remedies and open meetings implications)
- Harris v. State, 368 Mont. 276 (2013 MT 16) (summary judgment standard and substantial evidence standard)
