Flathead County settles lawsuit

Lake protection, eagle developmentgroups also sign on

For the second time in as many months, Flathead County has settled a major land-use lawsuit.

The commissioners approved the agreement this week. The Flathead Lake Protection Association and Montana Eagle Development also signed the document.

The case dates back to 2004, when the county approved a planned-unit-development proposal and major lakeshore variance for Montana Eagle Development, which wanted to build what would have been the largest marina on Flathead Lake.

The company, which also is developing a 1,000-lot subdivision south of Lakeside, wanted to renovate and expand a 50-year-old marina in downtown Lakeside, across from Bierney Creek Road.

The Flathead Lake Protection Association objected to the project, both because of its size and environmental concerns that it felt weren't adequately addressed during the approval process.

The group sued the county twice; the settlement applies to both cases. Among other items, it requires that the size of the new marina be scaled back considerably.

The original facility had 86 boat slips, of which about 56 were usable. Its docks extended 179 feet-350 feet into the lake - substantially more than the 100-foot maximum allowed by the current lakeshore-protection regulations (which were adopted after the marina was built).

Montana Eagle Development wanted to create 196 boat slips, some of which would have been reserved for its subdivision homeowners, others of which would have been rented to the public.

To add that many spaces, it would have had to extend the docks another 278 feet-314 feet - meaning they would stick out into the lake a total of 457-664 feet.

Under the terms of the settlement, however, the docks can be expanded only by another 40 feet. Alan McCormick, a Missoula attorney who represented Flathead County in the case, said Montana Eagle also agreed to wait 40 years before it (or the current marina owner) can request another extension.

The settlement also added some conditions related to the seawall, McCormick said. Beyond that, Montana Eagle will have "significant flexibility" to redesign the project within the new footprint, though most of the original conditions on the lakeshore variance remain in place.

Trevor Schaefer, president of Montana Eagle Development, could not be reached for comment.

Bruce Young, with the Flathead Lake Protection Association, also could not be reached for comment.

This is the second major lawsuit that Flathead County has settled this year. McCormick and Kalispell attorney Roger Sullivan were instrumental in crafting both agreements.

Sullivan represented the Flathead Lake Protection Association in the marina case and North 93 Neighbors in the Glacier Mall lawsuit, which was settled in February.

"I give Roger a lot of credit," McCormick said. "His involvement with North 93 got us to the point where we could talk settlement. He and I work well together; we both have some significant experience and credibility."

The outcome of these two cases seems to suggest that parties in a lawsuit might get results quicker by talking to each other than to lawyers. However, McCormick said people sometimes don't realize that until they get into court.

"I don't think a lot of developers and neighbors understand just how long and involved court processes can be," he said. "They think they can file a lawsuit and get a ruling in a couple of months, and they're shocked to find that it might actually take a year or two.

"Zoning and subdivision rules are also complex issues that are highly susceptible to multiple interpretations. Both sides might think they're right, so sometimes it takes getting into court before they realize that maybe they should just sit down face to face."