12. Council Request for Attorney General Opinion on Growth Policy PlanTO:
FROM:
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
Mayor Bill Boharski and Kalispell City Council
Charles Harball, Acting City Attorney
Chris Kukulski, City Manager
SUBJECT: A Motion to Direct the Office of City Attorney to
Request an Opinion from the Montana Attorney General
Regarding the Effect of the 1999 Legislation Amending
Title 76 of the Montana Code as it Relates to the
Existing Master Plan and Future Growth Policy.
MEETING DATE: November 5, 2001
BACKGROUND: The Council has received direction from its legal counsel
regarding the legal status of the City -County Master Plan and future
Growth Policy. Based upon this direction the Council has determined to
direct its planning policy toward the future Growth Policy. Because
there are numerous legal opinions circulating about the effect of the
1999 legislation, there remain questions regarding the status of the
City -County Master Plan and whether or not this Plan can or should be
referenced in determinations made by the City.
RECOMMENDATION: The Attorney General may, upon request, publish a legal
opinion regarding the interpretation of the law. While this may be
viewed as just one more opinion to add to the mix, unless it is ruled
upon by the courts, it does at least carry the weight of law upon which
the City may rely. Concern may be manifested by some that the Attorney
General's Office could express an opinion that creates additional
difficulties for some local governments as some believe it did with its
interpretation of SB 242. As the law is somewhat confounded and subject
to various interpretations and because it is the City's objective to
operate within the law, it would nevertheless be helpful to the City to
obtain this opinion.
FISCAL EFFECTS: The fiscal effects of seeking the opinion would be minor.
Respectfully s,bmitted,
Charle arball, Acting City Atty
Chris Kukulski, City Manager
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