City of Missoula facing lawsuit over planned East Missoula subdivision

Residents of East Missoula are suing the City of Missoula over the approval of an 182-lot subdivision and annexation request.

The lawsuit, filed in the Missoula County District Court on September 25, alleges that the City of Missoula did not adhere to its growth policy and ignored impacts to the East Missoula community in the decision.

The filing comes after Missoula City Council members allowed DeNova Homes and 406 Engineering to move forward with development plans for the Aspire subdivision, including annexing the 35-acre property into city limits.

Petitioners have asked the judge to pause the annexation ordinance until he rules on the lawsuit.

“The rights and feelings of the existing citizens and community were ignored and not addressed in the Council vote,” Lee Bridges, petitioner, wrote in the complaint. “The annexation should not be allowed until the community impact is addressed.”

The Aspire subdivision plan includes around 250 housing units with two public park areas and a river walk. Annexation of the property into the city allows for higher-density development and fewer constraints when building near riverbanks.

The lawsuit alleges that the decision violated several sections of the city growth policy, including livability, safety, housing, community design and environmental quality.

Petitioners raised concerns over the increased traffic on Sommers St. and the health of the Clark Fork River, among others.

Brian Throckmorton of 406 Engineering, the company helping to develop the property, said the City of Missoula will need to build around a thousand housing units a year to achieve a 5% vacancy rate. A vacancy rate between 5-8% indicates a healthy rental market, according to the city.

The complaint acknowledges that there is a need for housing, but states that it should not come at the expense of the existing community or environment.

East Missoula residents also expressed concerns over a lack of cohesion in the neighborhood.

“They’ve been able to steamroll whatever they wanted, regardless of what was already there,” East Missoula resident Gretchen Murray said.

The Missoula Consolidated City-County Land Use Planning Board voted to not recommend the project in early August, primarily citing the high number of exceptions to the zoning code requested by the developers.

Missoula City Council approved the plans later that month. Several council members referenced the city’s growth policy as their central reason for support at the time.

The current growth policy includes a future land use map that assigns varying levels of density goals throughout the metropolitan area. The land slated for the Aspire subdivision is identified as a medium-density area, allowing for three to eleven housing units per acre. The new development plans for seven.

City of Missoula Communications Director Ginny Merriam said the city does not comment on active litigation.

The case is currently presided over by District Court Judge John Larson.

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