Court issues mixed verdict in mall suit
By LYNNETTE HINTZE
County wins three of four points in ruling this week
The Daily Inter Lake
The Montana Supreme Court this week delivered a mixed ruling in a lawsuit about the proposed Glacier Mall.
The state high court favored Flathead County on three counts but kept the door open for North 93 Neighbors' contention that public comments weren't thoroughly evaluated.
In March 2004, neighbors of the proposed mall sued the county commissioners and developer Bucky Wolford, challenging the legality of a growth-policy amendment and a related zone change that would pave the way for the mall.
Wolford plans to build a 750,000-square-foot regional shopping mall north of Semitool, near the intersection of U.S. 93 and West Reserve Drive.
North 93 Neighbors appealed to the high court in early 2005 after Flathead District Judge Stewart Stadler ruled in favor of Wolford and the county, saying the plaintiffs failed to demonstrate that the commissioners had done anything wrong.
The Supreme Court affirmed the District Court determination that the county adequately supported its decision to amend the zoning regulations with findings of fact. It also upheld the District Court ruling that the growth-policy documents don't suffer from "fatal internal inconsistencies" and that the Wolford amendment is consistent with the growth policy.
The high court also said the zoning amendment doesn't constitute illegal spot zoning.
In its final ruling, however, the Supreme Court favored the plaintiffs and sent a portion of the case back to District Court. The high court ordered the District Court to evaluate whether the extensive public comment over the mall raised any new issues not addressed by the planning office and asked the lower court to determine whether the county commissioners considered any of the issues.
North 93 Neighbors, in a press release Thursday, said it is "delighted" with the court's ruling on the public-comment issue.
The commissioners received more than 4,400 public comments and North 93 Neighbors asserted those comments weren't fully evaluated.
While the Supreme Court concluded the commissioners' reliance on the Planning Office report was justified, it maintained the commissioners' sole reliance on the report, prepared before the overwhelming amount of public input, "renders its decision to amend the growth policy unreasonable and an abuse of discretion.
"The board [of commissioners] has an obligation to consider the public comments and incorporate those comments into its decision-making process," according to the ruling. District Court now must determine whether the county considered public comment to the full extent.
Flathead Deputy County Attorney Jonathan Smith said Thursday he was surprised by the Supreme Court's ruling on the public-comment issue but believes the county will have no trouble proving its case.
"I'm confident we can show the court we considered all the things that should be considered," Smith said.
He expects the additional review to take a few months at the most.
North 93 Neighbors said it looks forward to participating in the review.
"We expect this high bar of proof will be difficult if not impossible for the county to reach," the group stated. "Should the county fail, the Glacier Mall Growth Policy Amendment would be void."
The neighborhood group also said it's pleased the lawsuit "has resulted in strengthening the role of public input in county decision-making," adding that filing lawsuits is not its preferred course of resolution.
"Our primary goal is to insist that Flathead County revise its decision-making procedures to ensure that public comment is respectfully and meaningfully considered, and that decisions are based on a sound factual record and in compliance with adopted planning guidelines," North 93 Neighbors stated.
Wolford's mall proposal also was the target of a separate earlier lawsuit that sought to determine whether qualified electors throughout the county could sign a petition for a public vote on the controversial growth-policy amendment for the mall.
The Supreme Court decided that case in favor of Flathead County.
Resolving the lawsuit from North 93 Neighbors is the final legal obstacle before Wolford can proceed with his mall plans, which he first broached in January 2000.
Even if the last legal challenge can be surmounted, Wolford probably still would have to submit a subdivision proposal before beginning any construction. He also faces other regulatory hurdles, such as sewage disposal and storm-water drainage.
Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com.