Richards v. County of Missoula

¶37 I concur in the Court’s decision. I write separately regarding Richards’ argument that a party who challenges a governing body’s decision on a subdivision application should be able to rely upon “extraneous evidence” not contained in the administrative record. Opinion, ¶ 21.

¶38 Richards cites Aspen Trails Ranch, LLC v. Simmons, 2010 MT 79, ¶ 53, 356 Mont. 41, 230 P.3d 808, in support of this argument. The source of this line of authority, however, is Skyline Sportsmen’s Assn, v. Bd. of Land Commrs., 286 Mont. 108, 951 P.2d 29 (1997), in which the Court made the following statement:

The…