Some testimony to be allowed during mall hearing

The Daily Inter Lake

A Feb. 1 court date has been set to resolve what could be the last legal hurdle facing the Glacier Mall proposal.

District Court Judge Kitty Curtis scheduled the February hearing last week. She also ruled that some limited witness testimony will be allowed at that time.

The hearing will try to determine whether, prior to approving a master plan amendment for the mall in 2003, the Flathead County commissioners adequately considered all of the issues raised during the public comment period.

Shortly after the amendment was approved, North 93 Neighbors filed a lawsuit challenging the commissioners' decision.

The District Court and Montana Supreme Court both ruled in favor of the county. However, the Supreme Court remanded a portion of the case back to District Court last summer, asking for clarification regarding the public comment issue.

North 93 then made a motion to prohibit witness testimony during the remand hearing, saying this matter should be decided based exclusively on the written record.

The group suggested that a simple summary could be provided to the court, with each side indicating what issues were raised in the 4,400 public comment letters and whether or not those issues were addressed by the commissioners. The judge would then rule for one side or the other.

Curtis agreed that witness testimony for this aspect of the remand "is not necessary or helpful."

However, she felt witness testimony would be needed "to determine whether any of the new issues were relevant … and if so, if and how they were evaluated."

Consequently, Curtis ruled that "appropriate witnesses who are familiar with the process [used to process master plan amendments] may testify about the procedure used to evaluate the public comments and other relevant matters" not included in the written record.

Curtis also noted that the entire remand was somewhat confusing and subject to conflicting interpretations. It's entirely possible, therefore, that no matter what she decides after the February court hearing, her ruling could be appealed back to the Supreme Court - further delaying a final resolution to this case.

The February hearing will take place in Curtis's courtroom, beginning at 9 a.m.