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Thomas Biglen’s Response

Thomas Biglen’s Response

Thomas Biglen
PO Box 1483
Big Timber, MT 59011

To: City of Big Timber
Big Timber City Attorney

At the October 4, 2010, City Council meeting Mr. Ferguson read a motion to the council, copy attached, which motion was approved by a 3-1 vote. I am writing this letter as a private citizen with standing to address the passage of Mr. Ferguson’s motion. I am also a board member of the Friends of Dornix Park Board of Directors. I have been authorized by the board to notify the City of its concerns with Mr. Ferguson’s motion.

Either city residents with standing, or the Friends of Dornix Park, or perhaps some combination, as soon as legal council can be retained, intend to file a preliminary injunction to restrain the City of Big Timber from acting on the passage of Mr. Ferguson’s motion until such time as a court of law can address the issues raised by the motion, and perhaps other issues that may arise as research continues.

The purpose of this letter is to give Notice, pending the filing of a preliminary injunction that the Big Timber City Council may have acted outside the scope of its authority as to the following issues.

The October 4, 2010 agenda states; Old Business: Discussion of Dornix Park Master Plan – Councilman McCauley. However, the only issue taken up by the council concerning Dornix Park was Mr. Ferguson’s motion. The issue discussed at the meeting was not the issue posted on the agenda.There were approximately 50 people attending the meeting, many of whom came specifically to discuss the master plan. No discussion took place concerning the master plan. Instead, Mr. Ferguson circulated the attached pre-drafted motion and the Mayor stated that the issues had been discussed at previous meetings so there would be no discussion on the motion.In fact the issues raised by Mr. Ferguson had not been discussed previously and no discussion was permitted at the October 4, 2010 meeting.

The City of Big Timber owns the signs and structures referenced in the motion. The action taken by the city council on Mr. Ferguson’s motion is tantamount to the destruction of city property that has value. A city council does not have the authority to destroy city assets through the procedures initiated by Mr. Ferguson.

At least two of the structures have been identified by a qualified historic preservationist as having historic and cultural significance. A city council, without public input and proper statutory procedures, does not have the authority to destroy structures of historic and cultural value.

Significant time, money and effort have gone into the signage and improvement of the park by the Friends of Dornix Park, local businesses, individuals, schools, and various local and state agencies. The work done was for the benefit of the City of Big Timber and was accepted as beneficial by prior councils. The city council, does not have the legal authority to unilaterally,without a discussion of the public benefit, terminate the work that has gone into Dornix Park to date and has become an asset of the City of Big Timber.


Thomas Biglen

One Response to “Thomas Biglen’s Response”

  1. B T Overdrive says:

    The city most certainly did have public discussion, ad infinitum, over your $20 million dollar swamp. The pickle you find yourself in is that you and your cohorts have invested in “the park to nowhere” and the deeper you get in, the deeper you sink. You HAVE no standing, sir, and any standing you HAD is diminishing the more this festering sore of a boondoggle is left open to putrify.

    Sue! Sue! The local taxpayer will despise your elitist friends all the more for it! Bring your lawyers and your briefs, and I’ll bring the tar and feathers, I say!

    (Biglen no doubt considers tar & feathers a reference to certain violence and emotional trauma, so sue for my IP address and sue me too, I’d enjoy making a sideshow of you!)

    Laughingstock indeed!

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