DeJana to Webb/Zone Change & CUPRichard De Jana & Associates PLLC
RICMARDDEJANA, Esq.
120 P Street West Suite 6 Phone 40675MM8
Kalispell Montana Pax4067525015
Reply to
P. 0. Box 1757
Kalispell, MT 59903
Email rdejanaomontanasky.net
May 15, 2009
Myrt Webb, Acting City Manager
201 First Avenue East
Kalispell, MT 59901
My Client: Penrod Brothers LLC
RE: R. Dick Mitsch Zone change from B-2, General Business to P-1, Public, located at that
property whose address is 2282 Hwy. 93 South Kalispell, MT and is also known as Tract A of
COS 15749 and COS 6682 in Section 20, Township 28N, Range 21 W, P.M.M. Flathead, County,
Montana AND THE RELATED CONDITIONAL USE PERMIT, Kalispell Ordinances 1658 and
1659.
Dear Mr. Webb:
Obviously, my clients and a great number of their neighbors were pleased to learn that the
Department of Corrections finally followed their own administrative code and has determined not
to allow the pre-release center at the above location. Hopefully that will end the need for litigation.
Obviously, there exists what my clients feel is a spot zone with a conditional use that allows
a jail facility next to them. I am writing to determine if the city is going to rescind its re -zoning of
the property or if a law suit with respect to the zoning is still required. We of course will work with
you to avoid litigation, but my clients are still quite concerned about having this zoning next to them.
Could ou please advise as to the course of action you intend to take so that hopefully I can
close this fll
De Jana, Esq.
PC