Gravel pits have a rocky year in 2005

Disputes over gravel pits came full circle in Flathead County in 2005, with one lawsuit being filed at the beginning of the year and another being pulled at the end of the year.

The Montana Contractors' Association voluntarily withdrew its lawsuit on Thursday.

The action, which was filed in October but never officially served, challenged a zoning text amendment that redefined all agricultural and suburban agricultural zoning districts in the county as "residential," specifically for regulating new gravel mines.

The commissioners approved the text amendment in August.

However, given industry concerns that the new regulations would be used to dramatically limit where gravel extraction can take place, the commissioners also appointed a six-member advisory committee to review the issue.

The committee members include three gravel-pit representatives. They hope to recommend new language that would reflect the interests of both county residents and gravel operators, and comply with state statutes.

Cary Hegreberg, executive director of the contractors' association, said in an e-mail message that the lawsuit was withdrawn so the committee and commissioners can work through this matter on their own.

"We're comfortable, for the time being, that the advisory committee is negotiating in good faith," Hegreberg said. "All participants seem to be in agreement that the [zoning] text amendment wasn't intended to allow the county to preclude a gravel pit simply by declaring an area to be residential. County officials will be better able to discuss this issue without the cloud of litigation hanging overhead."

This was one of five gravel-related lawsuits filed against the commissioners or the Flathead County Board of Adjustment in 2005.

The legal actions kicked off last January, when the Sunrise Terrace homeowners' association sued the Board of Adjustment over a "monumental" zoning decision that it said threatened thousands of residents throughout the valley.

The decision, which overturned more than a decade of past practice, eliminated the county's ability to regulate or impose conditions on gravel pits in any nonresidential zoning districts.

That lawsuit was eventually dismissed after the 2005 Legislature clarified state law.

Another lawsuit related to a gravel pit on Coverdell Road was resolved after a condition related to road improvements was amended.

There are currently two active gravel lawsuits, both involving the same project.

The Tutvedt Family Partnership and the Flathead Citizens for Quality Growth both sued the Board of Adjustment in July, after the board approved a conditional use permit for a 320-acre gravel pit at the intersection of Farm to Market Road and Church Drive in the West Valley.

The Tutvedts sued the board for prohibiting asphalt or concrete batch plants at the mine; the Citizens group sued because the board didn't deny the entire permit.

The two lawsuits were consolidated in September. All the parties involved are seeking summary judgment.

District Judge Stewart Stadler will hold a hearing on Tuesday on the summary judgment motions. A ruling could be issued any time after that.

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