[MissoulaGov] Need for attorneys

[Ryan Morton]

So I guess the below comments complement and inform your reasoning behind
development agreements to protect you from litigation from subdivision
applicants who happen to ask for annexation.  I'm glad you've turned to the
side that celebrates judicial review rather than tries to hide from it.
 
Anyhow, you're entitled to your opinion.  Several people, however, have
thanked me for responding to your comments about attorneys at council
meetings.  Just so you know, at every work session and hearing at the PSC,
private attorneys were present.  It's not that noteworthy for quasi-judicial
proceedings for attorneys to be present nor do you know the reasons why an
attorney may be there.  Part of the suggestion that your comments were
disparaging was your assumption that Alan would be suing you over Chickasaw.
No one likes assumptions like that since it suggests ill intentions by Mr.
Lake (which I don't believe to be true) who is currently having a
subdivision under review.  Not cool.
 
Well, I'll stop being oversensitive or I may start crying.  Can't have that
on a Friday.  See you Monday!  
 
Cheers,
 
Ryan Morton
Government Affairs Director
Missoula Building Industry Association
406.543.4423 or 406.546.0902 (cell)
ryan at buildmissoula.com
 

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From: missoulagov-bounces at cmslists.com
[mailto:missoulagov-bounces at cmslists.com] On Behalf Of Bob Jaffe
Sent: Friday, May 15, 2009 3:16 PM
To: ERIN TURNER JON TURNER; missoulagov at cmslists.com
Subject: Re: [MissoulaGov] Need for attorneys


I re-read my comments and I still wouldn't characterize them as disparaging
or ridicule. I think you are being a bit oversensitive. But that aside, I
also disagree with your conclusion here.  It is of note when attorneys show
up because they are expensive and are only there because someone is very
seriously considering challenging the outcome of what we are doing. Of
course it is always everyone's right to challenge what we do but it is
noteworthy when there is in fact a legal challenge.
I also don't agree that it is an indicator that something is wrong when the
parties to a decision show up with attorneys. There are a lot of gray areas
in our land use laws. This is how they become less gray. The various
competing interests present their cases, we make decisions, those decisions
get challenged in court. The court then clarifies the laws and we all go
forward enlightened.
On a parallel track, policy is also improved through community planning
processes. But these too are subject to the cycle of court challenge and
judicial clarification.
 
bob  

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From: missoulagov-bounces at cmslists.com on behalf of ERIN TURNER JON TURNER
Sent: Fri 5/15/2009 2:19 PM
To: missoulagov at cmslists.com
Subject: Re: [MissoulaGov] Need for attorneys



 Thank you Ryan for hitting the nail on the head...the council has the
luxury of legal advice for every decision they make, so why is it riduculed
when citizens request that resource?  Our neighborhood would much prefer to
spend our money in other ways, but we feel injustices are occuring and the
political and public process is being ignored.  Another reality: none of us,
neighbors or developers, have the time to dig through all the laws and
regulations to make sure injustices are not occuring.  It should be a
wake-up call to the council when both the developer AND the neighborhood
show up with attorneys...that is a huge red flag that something, somewhere
went astray.  It should have never gotten to this point.  


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