Morrison to Kukulski/Subdivision ImprovementsIV
MORRISON & FRAMPTON, PLLP
FRANK B. MORRISON, JR.
CERTIFIED CIVIL TRIAL ADVOCATE BY THE
NATIONAL BOARD OF TRIAL ADVOCACY
FORMER MONTANA SUPREME COURT JUSTICE
SHARON M. MORRISON
SEAN S. FRAMPTON
DIANA R. FRAMPTON
DIANE SMITH.
VIA U.S. MAIL
Chris Kukulski
City Manager, City of Kalispell
P.O. Box 1997
Kalispell, MT 59903-1997
FRANK LLOYD WRIGHT BUILDING
341 CENTRAL AVENUE
WHITEFISH, MONTANA 59937
TELEPHONE (4o6) 862-9600
FACSIMILE (4o6) 862-9611
email@morrisonframpton.com
March 12, 2004
Re: Glacier Commons Subdivision Improvements
Kalispell, MT
Dear Chris:
LARRY M. ELISON, S.J.D. t
FRANK B. MORRISON, SR. e
JOHN C. MCCARTHY ±
OF COUNSEL
e ALSO ADMITTED IN NEBRASKA
: ADMITTED IN CALIFORNIA ONLY
t ALSO ADMITTED IN IDAHO
. ALSO ADMITTED IN VIRGINIA
I have been asked to represent Rio Arizona Holdings, LLC in connection with its plat approval
on the above captioned subdivision.
I have reviewed correspondence from the Public Works Department dated March 4, 2004 and
earlier correspondence from the same department dated April 1, 2003. My understanding of the
Public Works Department position in April 2003 was that an alternative proposal for dealing
with Granrud Drive was approved in principle with the reservation that it did deviate from the
original application and would require city counsel approval. I take it from Mr. Hansz's
correspondence of March 4, 2004 that the alternative submission would no lor_ger_ be
recommended.
After reviewing correspondence and the history of this submission, it is my opinion, from a legal
standpoint the applicant need only improve Granrud Drive from Whitefish Stage Road to
Whitebark Lane. The obvious reason is that the subdivision's only impact on Granrud Drive is
between these two points.
These applicants want to be cooperative. They even agreed to post a $150,000 bond, although
that probably should have not been necessary given the clear financial stability and impeccable
integrity of the applicants. Nevertheless, they did so to "get along".
These are good developers that want to do the right thing. However, the law only requires that
they improve Granrud Drive to city standards between points of impact and that means between
Whitefish Stage Road and Whitebark Lane.
I would be willing to review any legal position that you have different from the one set forth
herein. We do want to obtain approval at the earliest opportunity and yet want to fully cooperate
with the city of Kalispell.
I look forward to your response.
g*erMorris n,Jr.
& Frampton, PLLP