Lone Peak/ Big Sky File Art

Lone Peak is shown in this 2016 Chronicle file photo.

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Gallatin County and a developer are working toward resolution of a lawsuit over whether county officials mishandled an application for the construction of luxury condominiums in Big Sky’s Meadow Village.

Tract 5 LLC asked Gallatin County District Court this week to stay its lawsuit as it goes through the county’s subdivision review process.

Tract 5’s request comes a few weeks after county commissioners unanimously approved preliminary plat for the project, which includes seven condominiums and a seven-stall golf cart rental structure on Under Par Trail. Some of the units on the 1.78-acre property have already been built, but the commissioners’ decision paves the way for completion of the development.

Tract 5 will likely drop the lawsuit against the county once it completes the review process and receives final plat approval, according to court documents.

Gallatin County Attorney Marty Lambert said he is pleased Tract 5 has decided to follow the county’s subdivision process and may drop the lawsuit.

Alanah Griffith, Tract 5’s lawyer, did not respond to a request for comment by press time.

Tract 5 filed the lawsuit against the county in September, alleging commissioners and the planning department had wrongly denied its request for a condominium exception, which would have excused the developer from a lengthy subdivision review.

The case dates back to 2013 when Tract 5 applied to the planning department for a condominium exemption for two buildings but included a site plan of all the units it intended to eventually construct. The planning department granted the exemption.

In 2016, Tract 5 asked for a condominium exemption for another building. The planning department approved the exemption.

Then in July, Tract 5 requested a condominium exemption for the final buildings shown on its original site plan. The planning department denied the request and told Tract 5 it needed to go through subdivision review, which appeared to be a change from earlier decisions.

Tract 5 argued the county should have granted its last condominium exemption request and shouldn’t have required subdivision review for the project, court documents said.

After receiving the two condominium exemptions, Tract 5 constructed buildings, parking and streets that may not have complied with subdivision regulations, according to court documents. Tract 5 argued that going through the subdivision review and complying with the regulations would make the project expensive.

However, Tract 5 has since proceeded with the subdivision review, which resulted in preliminary plat approval on Feb. 4.

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Perrin Stein can be reached at pstein@dailychronicle.com or at 582-2648.

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