Alternative Writ of Mandate1 Roger M. Sullivan
MeGarvey, Heberling, Sullivan & MeGarvey, P.C.
2 745 South Main
Kalispell, MT 59901
3 (406) 752-5566
4 David K.W. Wilson, Jr.
Reynolds, Mod and Sherwood, P.L.L.P.
5 401 N. Last Chance Gulch
Helena, MT 59601
6 (406) 442-3261
Attorneys for Plaintiffs
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MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY
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9 FLATHEAD ALLIANCE FOR SENSIBLE Cause No. DV-02- L).—v (C
GROWTH, INC., a Montana nonprofit
10 public benefit corporation, GORDON
PIRRIE, TOM D. LITTLE, D.M.D., MARION
11 GERRISH, C.M . CLARK, THOMAS P.
FULLERTON, D.C., WILL IAM W.
12 GOODMAN, and JOHN D. CBEY, AILTERNATIVE
WRff OF MANDATE
13 Plaintiffs,
V.
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CITY COUNCIL AND MAYOR OF THE
15 CITY OF ISPELL, MONTANA,
acting as the governing body of the City of
16 Kalispell, a governmental entity,
17 Defendants.
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19 A Complaint and Application for Writ of Mandate and Writ of Review, and an
20 Affidavit of C.M. Clark in support thereof, have been filed in the above -entitled action. The
21 Complaint and Application for Writ allege that the City Council and Mayor of Kalispell,
22 Montana, have violated clear legal duties in the decision -making process regarding the
23 application for the Glacier Mall Mixed Use Development amendment to the Kalispell City-
24 County Master Plan. The Kalispell City Council and Mayor voted 5-4 on July 1, 2002, to
25 approve the requested amendment to the Kalispell City -County Master Plan.
26 Upon consideration of the Complaint and Application for Writ of Mandate and Writ
of Review, and the Affidavit ofC.M. Clark, on file herein, and good cause appearing therefor,
LAW OFFICES
RVEY, HEBERLING,
VAN & McGARVEY
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1111, I IF I I I I I I I I I I I III I III I III! I I I I I � Z I I I IN I I I I I I 1212M
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receipt of this Writ: a) revoke the Glacier Mall Mixed Use Development amendment to
Kalispell City -County Master Plan taken by action of the City Council and Mayor on July
2002, and b) conduct any further consideration, deliberation, and action on the Glacier M
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with Montana's planning laws, public participation laws, open meeting laws, a
environmental laws, as set forth in Montana's statutes and Constitution.
OR IN THE ALTERNATIVE, the City Council and Mayor ofKalispell are ordered t
Appear before this court at V30 o'clock on the day of 2002, and sh
cause why the City Council and Mayor of Kalispell have not acted in conformity with tj
Court's command set forth above.
DATED TIES _2� -0 day of Aj6,) g —,,2002.
DIST,RICT JUDGE
V OFFICES
=Y , HEIBERLING,