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County sued over subdivision approval extensions

April 30, 2019 by Michael Howell

Bitterrooters for Planning, a local non-profit organization that promotes planned development, has filed a lawsuit in District Court challenging the Ravalli County Commissioners’ recent decision to grant a third extension to development timelines for the Morado Mountain Estates Subdivision located six miles east of Florence.

The subdivision was first proposed in or around 2006. The subdivision application included a variance request from the developer, which, in 2008, was denied by the Commissioners. The variance requested to utilize a 50-foot easement on Eight Mile Creek Road, which did not meet county road standards requiring a 60-foot easement. The developer, along with an adjacent subdivision, Sandhill Ridge, sued the Commissioners for their failure to approve the variance. A court remanded the variance request back to the Commissioners for a new hearing and the Commissioners subsequently approved the variance request. Additionally, the Commissioners settled with the developer in the amount of $300,000 in exchange for the developer’s dismissal of their lawsuit.

The Commissioners eventually approved a preliminary plat for the 58-lot subdivision in July of 2011, initiating the developer’s proposed phasing plan that was scheduled to be completed in three phases. Phase 1, the first eleven lots, was to be completed by July 26, 2013; Phase 2, an additional 8 lots, was to be completed by July 26, 2015; and Phase 3, the last 49 lots, was to be completed by July 26, 2019. An extension of this deadline granted in December 2012 pushed the phasing deadlines out to 2016, 2018, and 2022, respectively. Then in February of 2016, a second extension was granted, pushing the deadlines out to 2019, 2021, and 2025, respectively. In approving this third extension the Commissioners have pushed the deadlines out to 2022, 2024, and 2028, respectively.

RS Aesthetics

In developer Stacey Dykeman’s request for commission action, she cites the cost of the development and the current market prices as the reason for the requested delay. It also states under Board of County Commissioner findings that the commissioners discussed that a third extension would be consistent with other extension approvals, but that they indicated to the developer “that it would be difficult to justify granting any further extensions.” It notes the BCC decided to grant a 3-year extension to the first and second phase, but only a 1-year extension to the third phase “so that the final phase would need to be completed within 15 years of the original approval date.”

Bitterrooters for Planning entered objections to the extension request during the public process, noting specifically that the developer cites the failure of local real estate sales to rebound enough to warrant further improvements. But BfP states, “As the Commission undoubtedly knows, county variance requests as they pertain to land development do not allow for financial hardship as a reason to approve a variance. An extension request to a preliminary plat decision is nothing more than a variance and should be judged as such.”

The group also noted that the Montana Association of Counties issued some suggested guidelines for counties to follow in bringing local county regulations into compliance with the law established in the Legacy Ranch lawsuit. The suggestions from MACo recognize that “The information regarding impacts of the subdivision – and mitigation of those impacts – becomes increasingly stale and meaningless after approval of the preliminary plat, denying the public it’s constitutional right to know and participate in local government decision-making.”

MACo’s guidelines also state that counties need to consider “changes to the primary criteria impacts identified in the original subdivision approval or any new information not previously considered exists that creates any new potentially significant adverse impacts that would support denial of the subdivision extension request. Additional conditions may not be imposed as a condition of subdivision extension.”BfP noted in its public comment to the extension request that a lot of data on wildlife has emerged since the subdivision was first considered and approved that indicates additional mitigation may be required. They asked that this new data be considered in the extension request. They also stated that the traffic data used in the original approval is now stale, noting that in the Legacy Ranch court ruling it was established that traffic data was stale after seven years. They requested new traffic data be considered.

Concerning impacts on wildlife, the group points out in its lawsuit that “…while the Developer acknowledged the subdivision was located within elk and mule deer winter range, the Preliminary Plat approval was based on Ecosystem Research Group’s findings that “while it’s conceivable that a few elk might wander onto the proposed project, its value as elk winter range was lost decades ago.”

They claim the information was inaccurate at the time and stale now and point out that Montana Fish, Wildlife and Parks has updated elk migration and mule deer data, which shows this area is a significant wildlife corridor linking habitat and public lands along an elevational and seasonal gradient. 

“This information is new and was unavailable at the time the subdivision was approved,” states the organization.

They also point out that since the subdivision was approved in 2011 no work has been done at all to meet any of the “conditions of approval.” They argue that the reasons given in every case for the extensions so far all have to do with the state of the economy which they claim is not adequate grounds for granting an extension.

They quote from the record of the recent approval:

“Commissioner Chilcott: ‘So, what work has been done out there? I mean, what efforts have been made to get this project underway?’ 

Developer: ‘Well, it’s been real hard to start something with the market, the way it crashed when we first started this, these size lots were going for a lot more than what they are marketable for now. Phase l, which includes updates [to] Granite Creek Road and the first phase cul-de-sac puts us … pretty much at cost … so hard to pull the trigger on that when it’s going to cost us more or pretty much the same to get it up and running… so we’ve been holding off on that because of the market.’ 

Commissioner Chilcott: ‘So, I guess my question is, has anything been done?’ 

Developer: ‘No.’

BfP’s attorneys have lodged five counts against the commissioners, alleging two counts of violation of the public’s right to participate in the government’s decision-making process; one count of violating the Montana Subdivision and Platting Act; and one count of violating the Ravalli County Subdivision regulations. In the final count, the plaintiffs ask the court for a determination of the issues in the first four counts “as well as a declaration of the rights of the plaintiffs under the Montana Subdivision and Platting Act, the Montana Constitution, the Ravalli County subdivision regulations, and any other provisions of the governing law.”

The organization claims they were denied adequate notice of a public hearing on the issue and denied the chance to submit new data for consideration. They claim the Commissioners failed to comply with their own regulations by failing to deny the extension request after learning that the developer had failed to state in her written request that she had not started the subdivision and had not been working in good faith to complete the subdivision. Additionally, they claim the Commissioners unlawfully based their approval of the extension request on the conclusory recommendations of the Planning Department which also failed to evaluate the extension request as required by law.

Plaintiffs also claim that the developer’s reasoning for asking for the extension request was both inadequate and inaccurate. 

“No provision of the RCSR allows the Commissioners to grant an extension request based solely on a Developer’s failure to accurately predict real estate market conditions. A developer’s bad or miscalculated business decisions are not the responsibility of the Commissioners to correct,” states the lawsuit. 

Besides asking the court to void the approval of the extension, they ask for an order enjoining the Commissioners from granting another one.

Carlotta Grandstaff, coordinator for BfP, said that BfP and the Montana Smart Growth Coalition worked in the 2017 and 2019 legislative sessions to amend the Montana Subdivision and Platting Act to limit the number of extensions undeveloped, unsold subdivisions can receive from local governments. 

“Our efforts were unsuccessful,” she said.

She said their efforts to persuade the Ravalli County planning department to recommend adoption of the MACo guidelines to the board of county commissioners were also unsuccessful. 

“Meanwhile,” Grandstaff said, “developers can apply for, and receive, an infinite number of extensions even when they cannot meet the basic conditions necessary for their developments to receive final approval.” She said this renders the original data detailing the impacts developments will have on the land, on neighborhoods, on schools, on fire departments, on roads, on wildlife and wildlife migration corridors and habitats, stale and invalid. Likewise, the mitigation measures developers must develop to offset these impacts also become stale and invalid over time.

“BfP has worked long and hard to protect neighborhoods and wildlife, wildlife habitat and wildlife migration corridors from unrestrained growth. We believe it was important to file this lawsuit seeking justice for landowners and wildlife,” said Grandstaff.

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August 23 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

Alcoholics Anonymous meets Tuesdays and Saturdays at the Stevensville Fire Station training room, 156 Kinsman Drive at 7PM

1 event, 24

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

1 event, 25

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

4 events, 26

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

10:00 AM - 2:00 PM Recurring

Open Studio

August 26 @ 10:00 AM - 2:00 PM Recurring

Open Studio

Your studio is open Fridays for solo work. A mentor will be available to keep you company, point you to resources, or leave you alone, whatever suits you. This is […]

$17
2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

August 26 @ 2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

Fridays June 3rd - September 30th Time:  2-6 pm  Lolo Community Center    12345 Hwy 93 South   Rental Booth Cost: $15  For more information and to sign up for […]

6:00 PM - 7:30 PM Recurring

Vibrational Crystal Healing

August 26 @ 6:00 PM - 7:30 PM Recurring

Vibrational Crystal Healing

Experience restoration for the mind, body and spirit with Ayla Carlat. Crystal Singing bowls channel healing frequencies directly into the body promoting auric cleansing, self reflection and inner harmony. Deepen […]

$11 – $22

5 events, 27

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

2022-08-27

Women Only – Introduction to Defensive Handguns

Women Only – Introduction to Defensive Handguns

Recurring
August 27 Recurring

Women Only – Introduction to Defensive Handguns

  For Women Only Introduction To Defensive Handguns  August 27 & September 10  2022  This 2 day course is for women with little or no experience with      handguns, who may […]

8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 27 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

Join us for Mass every Saturday at 5:30 p.m. and Sunday at 7:30 a.m. and 9:00 a.m. Mission church St. Philip in Darby every Sunday at 11:00 a.m.

Free
4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

August 27 @ 4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

A really fun market on Saturdays with live music, 4-7pm, July 2nd - October 1st, 2022. Location: Ambrose Community Center, 4415 Sunnyside Cemetery Rd., Stevensville. Great coffee, treats, & much […]

7:00 PM - 8:00 PM Recurring

Stevensville AA

August 27 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

Alcoholics Anonymous meets Tuesdays and Saturdays at the Stevensville Fire Station training room, 156 Kinsman Drive at 7PM

3 events, 28

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

Laundry Love Hamilton Free Laundry Appointments

8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 28 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

Join us for Mass every Saturday at 5:30 p.m. and Sunday at 7:30 a.m. and 9:00 a.m. Mission church St. Philip in Darby every Sunday at 11:00 a.m.

Free
12:00 PM - 3:00 PM

Victor Museum Ice Cream Social

August 28 @ 12:00 PM - 3:00 PM

Victor Museum Ice Cream Social

The Victor Heritage Museum will hold its annual Ice Cream Social, a thank you to the community, on Sunday, August 28, from 12 noon to 3 p.m. There will be […]

1 event, 29

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

3 events, 30

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

3:45 AM - 5:15 PM

Open House for Youth Programming at open-ended expressive arts

August 30 @ 3:45 AM - 5:15 PM

Open House for Youth Programming at open-ended expressive arts

Tour our space and meet Arielle Rhodz, our Youth Programming facilitator (for kids in 5th-12th grade) and Gifted Guidance Counselor. Arielle Facilitates Passion Projects during the school year along with […]

Free
7:00 PM - 8:00 PM Recurring

Stevensville AA

August 30 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

Alcoholics Anonymous meets Tuesdays and Saturdays at the Stevensville Fire Station training room, 156 Kinsman Drive at 7PM

2 events, 31

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

6:30 PM - 8:30 PM Recurring

Quantum Group of the Bitterroot

August 31 @ 6:30 PM - 8:30 PM Recurring

Quantum Group of the Bitterroot

The Quantum Group of the Bitterroot invites you to attend its monthly meetings. You needn't have knowledge of quantum physics to enjoy learning about this exciting field of science that […]

2 events, 1

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

9:00 AM - 10:00 AM Recurring

Coffee with the Mayor

September 1 @ 9:00 AM - 10:00 AM Recurring

Coffee with the Mayor

Coffee with the Mayor, First Tuesday of Each Month 9:00 am at CJ's Den, 324 Main Street.  Opportunity for Stevensville Residents to Informally Meet with the Mayor, ask Questions, Express […]

4 events, 2

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

10:00 AM - 2:00 PM Recurring

Open Studio

September 2 @ 10:00 AM - 2:00 PM Recurring

Open Studio

Your studio is open Fridays for solo work. A mentor will be available to keep you company, point you to resources, or leave you alone, whatever suits you. This is […]

$17
2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

September 2 @ 2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

Fridays June 3rd - September 30th Time:  2-6 pm  Lolo Community Center    12345 Hwy 93 South   Rental Booth Cost: $15  For more information and to sign up for […]

5:30 PM - 8:00 PM Recurring

Drum Circle

September 2 @ 5:30 PM - 8:00 PM Recurring

Drum Circle

Jerry leads this casual drumming session every other Friday night in the studio. A great way to release tension, have some fun, and gather with new friends. No skill or […]

4 events, 3

2021-10-27

Laundry Love Hamilton Free Laundry Appointments

8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

September 3 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

Join us for Mass every Saturday at 5:30 p.m. and Sunday at 7:30 a.m. and 9:00 a.m. Mission church St. Philip in Darby every Sunday at 11:00 a.m.

Free
4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

September 3 @ 4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

A really fun market on Saturdays with live music, 4-7pm, July 2nd - October 1st, 2022. Location: Ambrose Community Center, 4415 Sunnyside Cemetery Rd., Stevensville. Great coffee, treats, & much […]

7:00 PM - 8:00 PM Recurring

Stevensville AA

September 3 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

Alcoholics Anonymous meets Tuesdays and Saturdays at the Stevensville Fire Station training room, 156 Kinsman Drive at 7PM

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

July 31 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 1 @ 9:00 AM - 10:00 AM Recurring

Coffee with the Mayor

August 1 @ 9:00 AM - 11:30 AM Recurring

Lutheran VBS

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 2 @ 9:00 AM - 11:30 AM Recurring

Lutheran VBS

August 2 @ 5:00 PM - 8:30 PM

National Night Out 2022

August 2 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 3 @ 9:00 AM - 11:30 AM Recurring

Lutheran VBS

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 4 @ 9:00 AM - 11:30 AM Recurring

Lutheran VBS

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 5 @ 9:00 AM - 11:30 AM Recurring

Lutheran VBS

August 5 @ 12:00 PM - 1:00 PM

Pachyderm Club

August 5 @ 2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

August 5 @ 5:00 PM - 7:00 PM Recurring

Model train display

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 6 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 6 @ 12:00 PM - 3:00 PM Recurring

Model train display

August 6 @ 3:00 PM - 10:30 PM

Blues & Brews

August 6 @ 4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

August 6 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

+ 1 More
October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 7 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 7 @ 12:00 PM - 1:00 PM Recurring

Pachyderm Club

August 7 @ 2:00 PM - 7:00 PM

Farm Fun Day with Cultivating Connections!

August 7 @ 6:00 PM - 7:00 PM Recurring

Lone Rock Community Network

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 8 @ 10:30 AM - 11:30 AM Recurring

North Valley Public Library Events

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 9 @ 6:30 PM - 8:30 PM Recurring

Socrates Cafe’ Philosophical Discussion Group

August 9 @ 7:00 PM - 8:00 PM

Stevi school board

August 9 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

All day

Western Montana Fair

August 10 @ 7:00 PM - 9:00 PM

Xtreme Bulls – Rock the Red

August 10 @ 7:30 PM - 8:30 PM

Lone Rock park board

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

All day

Western Montana Fair

August 11 @ 4:00 PM - 5:00 PM Recurring

North Valley Public Library Events

August 11 @ 7:00 PM - 9:00 PM

Missoula Stampede PRCA Rodeo – Tough Enough to Wear Pink

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

All day

Western Montana Fair

August 12 @ 10:00 AM - 2:00 PM Recurring

Open Studio

August 12 @ 2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

August 12 @ 4:00 PM - 5:00 PM Recurring

North Valley Public Library Events

August 12 @ 6:00 PM - 7:30 PM Recurring

Vibrational Crystal Healing

August 12 @ 7:00 PM - 9:00 PM

Missoula Stampede PRCA Rodeo – Parade of Champions

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

All day

Western Montana Fair

August 13 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 13 @ 8:00 AM - 7:00 PM

Annual Bitterroot River Clean Up

August 13 @ 11:00 AM - 3:00 PM Recurring

Culture Crawl Art Walk

August 13 @ 4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

August 13 @ 4:00 PM - 8:00 PM

Pint Nite for Pets

+ 2 More
October 27
All day

Laundry Love Hamilton Free Laundry Appointments

All day

Western Montana Fair

August 14 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 14 @ 6:00 PM - 8:00 PM

Lords of Dirt & FMX

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 15 @ 10:30 AM - 11:30 AM Recurring

North Valley Public Library Events

August 15 @ 12:00 PM - 1:00 PM

Rotary Club

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 16 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 18
August 18 @ 4:00 PM - 5:00 PM Recurring

North Valley Public Library Events

August 19
August 19 @ 10:00 AM - 2:00 PM Recurring

Open Studio

August 19 @ 12:00 PM - 1:00 PM Recurring

Pachyderm Club

August 19 @ 2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

August 19 @ 5:30 PM - 8:00 PM Recurring

Drum Circle

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 18 @ 4:00 PM - 5:00 PM Recurring

North Valley Public Library Events

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 19 @ 10:00 AM - 2:00 PM Recurring

Open Studio

August 19 @ 12:00 PM - 1:00 PM Recurring

Pachyderm Club

August 19 @ 2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

August 19 @ 5:30 PM - 8:00 PM Recurring

Drum Circle

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 20 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 20 @ 4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

August 20 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 21 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 21 @ 6:00 PM - 7:00 PM Recurring

Lone Rock Community Network

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 23 @ 6:30 PM - 8:30 PM Recurring

Socrates Cafe’ Philosophical Discussion Group

August 23 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 26 @ 10:00 AM - 2:00 PM Recurring

Open Studio

August 26 @ 2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

August 26 @ 6:00 PM - 7:30 PM Recurring

Vibrational Crystal Healing

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

All day Recurring

Women Only – Introduction to Defensive Handguns

August 27 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 27 @ 4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

August 27 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 28 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

August 28 @ 12:00 PM - 3:00 PM

Victor Museum Ice Cream Social

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 30 @ 3:45 AM - 5:15 PM

Open House for Youth Programming at open-ended expressive arts

August 30 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

August 31 @ 6:30 PM - 8:30 PM Recurring

Quantum Group of the Bitterroot

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

September 1 @ 9:00 AM - 10:00 AM Recurring

Coffee with the Mayor

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

September 2 @ 10:00 AM - 2:00 PM Recurring

Open Studio

September 2 @ 2:00 PM - 6:00 PM Recurring

Lolo Farmers Market

September 2 @ 5:30 PM - 8:00 PM Recurring

Drum Circle

October 27
All day

Laundry Love Hamilton Free Laundry Appointments

September 3 @ 8:00 AM - 5:00 PM Recurring

St. Francis of Assisi Parish Mass

September 3 @ 4:00 PM - 7:00 PM Recurring

Lone Rock Farmers Market

September 3 @ 7:00 PM - 8:00 PM Recurring

Stevensville AA

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