Mall foes file suit to block growth plan

Following up on its 18-month effort to stop the Glacier Mall proposal, a group of central valley residents has now sued to block the Two Rivers growth policy amendment.

North 93 Neighbors, which describes itself as a non-profit group whose members "are concerned about the rapid growth in the area north of Kalispell … [and] about the viability and vitality of downtown Kalispell," filed the lawsuit last week.

The Flathead County commissioners are named as defendants.

The lawsuit seeks to overturn the recently approved Two Rivers amendment, which would allow higher density residential and commercial development on 1,460 acres located north of Reserve Drive, primarily between U.S. 93 and U.S. 2.

Two Rivers is one of the largest landowner-driven growth policy amendment in the county's history, comparable in size to some of the neighborhood plans that have been approved over the years.

North 93 Neighbors also sued the commissioners in 2003 over their approval of a growth policy amendment and zone change for Glacier Mall, a large retail and commercial project which would also be located just north of Reserve, along U.S. 93.

As with that dispute, the Two Rivers lawsuit is largely procedural.

Among other things, it faults the commissioners for allegedly providing inadequate public notice and public comment opportunities, providing an incorrect description of the area that would be affected by the amendment, undermining certain growth policy goals, failing to provide a clear rationale for their decision and "spot planning."

The lawsuit also faults Flathead County for its "boilerplate" analysis of the Two Rivers proposal and its impacts on traffic, infrastructure needs and other public services.

For example, residential densities included in the plan would allow thousands of homes to be built in the area, thereby raising "the potential to create a completely new urban core for the Flathead Valley," the lawsuit says.

Despite this, it says, the planning staff report "did not address … the impacts from the variety of developments that would be allowed … The staff's recommendation of approval appears to be based on the rationale that the valley is growing, and more growth - as allowed in this amendment - is consistent with the growth that is already occurring."

This is at least the 15th planning-related lawsuit filed against Flathead County in the last two years. Most have been unsuccessful, although they have been able to delay projects.

While it cites different facts and different dates, the Two Rivers lawsuit uses many of the same legal arguments that were previously overruled in the Glacier Mall dispute.

District Court Judge Stewart Stadler issued a summary judgment in that case earlier this year, dismissing North 93 Neighbors' claims that the commissioners violated the public's right to know and to participate, that their actions were arbitrary and capricious, and that they failed to follow the proper legal procedures.

Despite that ruling, the group appealed the lawsuit to the Montana Supreme Court. The case has been languishing there for more than a year, awaiting a decision.

Reporter Bill Spence may be reached at 758-4459 or by e-mail at bspence@dailyinterlake.com