MISSOULA — Nearly two years after its first appeal, the owners of the Old Post Hospital at Fort Missoula believe the Historic Preservation Commission again acted with bias and erred in its decision when it voted to deny them a demolition permit earlier this year.
FAE Missoula Hospital LLC has appealed the commission's decision, leaving the Missoula City Council to act as an appellate body next month when it considers the matter.
City officials on Wednesday cautioned council members to remain mum on the issue until next month's hearing.
“This is a semi quasi-judicial proceeding,” said City Attorney Ryan Sudbury. “Ex parte communication requirements are in place, along with rules about not making statements about which way you're leaning on this issue, one way or another, prior to the public hearing.”
The issue has been simmering since July 2023, when FAE Missoula Hospital sought a permit to develop private property at Fort Missoula. The revenue generated from that project was slated to fund the estimated $10 million cost of restoring the Old Post Hospital, which has fallen into decay over the last few decades.
But the Historic Preservation Commission denied the permit, leaving FAE with no means to develop their property or restore the hospital, they claim. As a result, they appealed the commission's decision to the City Council, claiming commission members had “undisclosed conflicts of interest, or possible ex parte contact, or conduct evidencing a predisposition toward denying the application.”
In that appeal, the City Council sided with the commission, saying the developers failed to present any proof of their allegations.
Earlier this year, FAE Missoula Hospital approached the Historic Preservation Commission again, this time seeking a demolition permit for the hospital. However, the commission denied that application as well. As a result, FAE has appealed the decision, again claiming the commission acted in bias and erred in its reasoning to deny the permit.
“The Commission member’s questions, discussion and final determination clearly shows that the HPC’s members are biased, lack the necessary skills to properly apply the guidelines and provisions of (law), and were determined to find any excuse they could to deny the demolition application,” FAE claimed in its request for an appeal.
“The decision contradicted recommendations from City staff, misinterpreted applicable law, and failed to account for critical evidence provided by (FAE),” they added.
In setting the hearing for the new appeal, the City Council will allow both the preservation commission and FAE time for argument. The hearing is set for July 14.
Until then, council members were advised to remain neutral.
“You're allowed to receive opinions, but not give them,” council president Amber Sherrill told her peers. “You need to not have opinions out there on social media.”
