Mall lawsuit scheduled for hearing

Oral arguments could soon take place in one of the two lawsuits related to the Glacier Mall proposal.

Friday was the deadline for briefs to be filed in the action, which was filed a year ago by North 93 Neighbors.

Both sides are requesting summary judgment; District Judge Stewart Stadler is currently scheduled to hear oral arguments on that motion on Dec. 15.

North 93 Neighbors is a group of homeowners who live near the proposed mall site. They want to overturn Flathead County's approval in 2003 of a master plan amendment and zone change for the $150 million mall project.

The lawsuit names the county commissioners as defendants. Wolford Development was allowed to intervene as a defendant in August, given that it has a substantial interest in the outcome of this action.

Bucky Wolford, the founder of Wolford Development, has been trying to build a major retail center here for more than four years. The project would include a large enclosed mall and an adjacent "power center" for big box stores, plus other commercial and possibly residential parcels on 481 acres northeast of the intersection of U.S. 93 and West Reserve Drive.

North 93 Neighbors waived the right to oral arguments on Oct. 18.

As of Friday, Wolford and the county had not followed suit.

If they were to do so, the motion for summary judgment would go immediately to Stadler; he could either rule in favor of one side or determine that enough facts are in dispute that a trial is required.

A second lawsuit related to who can sign a petition calling for a public vote on the master plan amendment is currently at the Montana Supreme Court. A decision is anticipated in that case shortly, although there's no guarantee about that.