Judge says Mont. city violated developer's rights

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By The Associated Press

Story Published: Mar 16, 2010 at 6:53 AM MST

Story Updated: Mar 16, 2010 at 6:53 AM MST

MISSOULA - A 4th District judge says the Missoula City Council violated a developer's property rights by forcing him to grant a trail and public access easements on his property.

Judge Ed McLean says while it's understandable that the city would want to create a trail easement on the land, desire doesn't equate to authority to force the issue.

Bob Brugh of Neighborhoods by Design sued the city after the council approved his 33-home residential development with a list of 36 conditions.

Mayor John Engen says the city probably won't appeal the case.

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