Represented by Quentin Rhoades of Missoula-based attorneys Sullivan, Tabaracci and Rhoades, the group issued a letter to Commissioner of High Education’s Calyton Christian, said the university’s Board of Regents, stating that the demolition of UM’s golf course should not continue because the original intention of the donated land was to be “for student recreational use.”

“Because the purpose of the donation was so specific and so carefully expressed in writing at the time the state accepted delivery of the deed, it would violate Montana law to pave over the golf course and athletic fields in favor of buildings or parking spaces as proposed for the new Missoula College development,” the letter said. “The prohibition obviously makes sense from a policy perspective.”

According to the letter, authored by Sullivan, Taracci and Rhoades, the university acquired the land in 1928 by the Alumni Challenge Athletic Field with the understanding that the land would be solely used for student recreation. With the plans to construct new buildings on the property, AMF said the university is not only violating Montana law but also the trust of donators to UM.

“If people come to believe that their intent is meaningless to the university system, it is less likely they will continue to give,” the letter said. “But whether or not it makes sense that the regents honor the specific intent of its generous donors, the law requires it.”

The 2013 Montana legislature appropriated $29 million to fund construction at the college.

The group argues that the current Missoula campus has ample space to support the expansion and has encouraged building on Fort Missoula instead. Though the university has yet to formally respond to the letter, officials are now considering a new site on East Broadway also owned by the university.

The 7-acre site, located next to the Montana Technology Enterprise Center and across from Clark Fork River, is now undergoing a feasibility study but officials have said that the south campus location is still be considered.

“All along, the university has worked to involve the public in considering the best options for a new Missoula College building that will best serve the community and our students,” said Royce Engstrom, UM president. “As we move forward, consideration of both the south campus location and the East Broadway location will proceed.”
 

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