Heffernan v. Missoula City Council

Rattlesnake Valley, an area on the north side of Missoula, Montana (the city), was a gateway to a national wilderness area. Historically, development in the upper portion of Rattlesnake Valley was limited in order to protect Rattlesnake Creek, an important water source for city residents. Between 1989 and 1992, the city annexed and purchased over 1,900 acres of Rattlesnake Valley for development and open-space areas. Collaboratively, the city and Missoula County developed the Rattlesnake Valley plan (the plan) in 1988 and subsequently updated and reaffirmed the plan. The plan was part of the city’s general growth policy and was designed to reduce uncoordinated growth through numerous natural-resource and community-planning goals and recommendations. For residential density, the plan recommended that new developments be substantially compatible with existing neighborhoods and the natural ecosystem. In 2006, Muth-Hillberry, LLC (the developer) proposed a 41-lot subdivision for Sonata Park (the project), a 34.08-acre lot in Rattlesnake Valley. The plan included a road and a public pedestrian easement running through a woody draw that served as an important wildlife corridor. After the local planning office found the project to be inconsistent with the plan’s recommended seven-to-eight-lot density for the 34.08-acre lot, the developer reduced the project’s size to 37 lots. During city council meetings about the project’s zoning requirements, some council members criticized and questioned the plan’s continued relevance. After the council approved the project’s zoning plan, neighbors bordering the project area (plaintiffs) sued the city and the developer (defendants). The district court found that the project did not substantially comply with the plan, and the city appealed.