This bill amends Sections 76-3-625 and 76-25-503 of the Montana Code Annotated to allow governing bodies to participate more actively in legal proceedings related to subdivision applications. Specifically, it introduces provisions for governing bodies to file amicus briefs and to intervene in district court actions that challenge their decisions regarding subdivision applications. The court is required to invite governing bodies to participate as amicus curiae before issuing orders that interpret relevant statutes, allowing them to provide their perspective on the matter. Additionally, nonparties who file amicus briefs are granted the right to intervene in the case and seek a stay of the court's order pending appeal.
The bill also clarifies the definition of "aggrieved" parties eligible to appeal decisions made by governing bodies regarding subdivisions. It specifies that appeals must be made within certain timeframes and outlines the process for challenging decisions, ensuring that the governing body's decisions are upheld unless proven arbitrary, capricious, or unlawful. Overall, the amendments aim to enhance the role of governing bodies in legal challenges related to land use and subdivision regulations, promoting their involvement in the judicial process.
Statutes affected: LC Text: 76-3-625, 76-25-503
SB0239_1(1): 76-3-625, 76-25-503
SB0239_1(2): 76-3-625, 76-25-503
SB0239_1(3): 76-3-625, 76-25-503
SB0239_1(4): 76-3-625, 76-25-503
SB0239_1(5): 76-3-625, 76-25-503
SB0239_1: 76-3-625, 76-25-503
SB0239_X(1): 76-3-625, 76-25-503
SB0239_X(2): 76-3-625, 76-25-503
SB0239_X: 76-3-625, 76-25-503