Legislative v. Quasi-judicial Decisions

The local governing body makes both legislative decisions and quasi-judicial decisions, and the standards and procedures for each are different. Legislative decisions establish rules, policies, or standards of general applicability in a community. Examples in Montana include the adoption or amendment of a growth policy, subdivision regulations, a zoning ordinance, or a zoning map. Legislative acts are “presumed to be valid and reasonable,” and will be upheld unless the decision “is so lacking in fact and foundation” that “it is clearly unreasonable and
constitutes an abuse of discretion” (Schanz v. City of Billings (1979), 182 Mont. 328, 335; Lake County First v. Polson City Council, 2009 MT 322, P34- P37 (2009)). The “Court does not sit as a super-legislature or super-zoning board” (Town & Country Foods, Inc. v. City of Bozeman, 2009 MT 72, P14 (2009)). Quasi-judicial decisions apply legislative rules, policies, or standards to one or more particular properties. An example of a quasi-judicial decision is the review and approval or denial of a subdivision application. Courts will review quasi-judicial decisions to determine “whether the record establishes that … [the governing body] acted arbitrarily, capriciously or unlawfully” (MM&I, LLC v. Gallatin County, 2010 MT 274, P29 (2010)).
Almost all legislative and quasi-judicial decisions to adopt and enforce land use regulations in Montana communities are decided by the local elected governing body. In most jurisdictions, that body is the city commissioners or council. Commissions range in size from three to six or more councilpersons or commissioners (Butte‐Silver Bow and Missoula each have 12) and a mayor (sometimes manager or executive officer). However, there are other boards and committees provided for in state law that play important roles in the land use planning process in Montana.