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Allen v. Lakeside Neighborhood Planning Committee
308 P.3d 956
Mont.
2013
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Background

  • 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)
Read the full case

Case Details

Case Name: Allen v. Lakeside Neighborhood Planning Committee
Court Name: Montana Supreme Court
Date Published: Aug 20, 2013
Citation: 308 P.3d 956
Docket Number: DA 13-0054
Court Abbreviation: Mont.