BBC and the Montanans Against Irresponsible Densification (MAID) Lawsuit

The Better Bozeman Coalition has decided to file an amicus curiae brief (or friend of the court) in the Montanans Against Irresponsible Densification (MAID) lawsuit challenging four land use measures passed by the Montana State Legislature in the spring of 2023.  The supporters of the MAID lawsuit requested an injunction against SB 323 and SB 528, requiring certain municipalities in the state to allow duplexes and ADU’s (Additional Dwelling Units) in areas previously zoned for single-family homes.  This means these two bills have been the subject of most of the press coverage surrounding the lawsuit.  However, to the members of the BBC, SB 382 known as the Land Use Planning Act of 2023 is the real target, and our area of interest and concern.

Some of our members live in duplexes.  Some of our members have ADU’s on their property, so this in itself is not objectionable to our organization.  We actually see this as the invisible infill that could add residents to our neighborhoods at the homeowner’s discretion without destroying the historic fabric.  The heavy hand of Helena dictating how municipalities must manage their own growth is the objectionable component of the bills challenged by the lawsuit.  The measures in SB 382 are arbitrarily applied across the state, create a class society, and do nothing to address affordability.  All while removing Montanan’s constitutional right to participate in local government.

 Creating a Class Society

 The new laws will not affect residents who live in newer neighborhoods with private, restrictive covenants, but those residents living in historic neighborhoods will be forced to comply.  This results in two classes of citizens otherwise similarly situated.  One group is protected by covenants, the other not.  This is a denial of equal protection under the law, the right to which has been upheld in Montana law for decades.

Density Does Not Bring Affordability

 The value of urban land is largely determined by the demand for it, along with the development potential allocated to it, by municipalities.  Upzoning, or increasing the development potential of a property, in an area of high demand only raises land prices making the production of affordable housing an impossibility.  The State Legislature taking away the ability of local municipalities to implement inclusionary zoning requirements calls into question the supposed motives of the Governor’s housing task force to address affordability.  It means that Bozeman and other Montana cities have even fewer tools to make sure the new density will be affordable.  The free market deregulation approach means it will be top dollar density.

Local Control

 “Local governments in cities like Bozeman must be allowed to deal with how much development to permit, when, and where. While other examples exist, likely the most pressing issue that requires local control and oversight is water scarcity.”  Every location across Montana has its unique challenges, and we believe that the people closest to the problem are the best situated to find the solution.

Montanans Right to Participate

 SB 382 would remove Bozeman resident’s ability to weigh in on new development by eliminating publicly noticed hearings for subdivision review, instead limiting public input to the land use planning stage.  So residents can contribute to the growth policy, but have no right to participate in the development of newly annexed land that could destroy their quality of life and inappropriately burden resources like water.

If you would like to read the full text of the amicus curiae brief, click here.