Group sues county over regulations

Flathead County is facing legal action from pro-property rights group American Dream Montana on the county's newly adopted subdivision regulations.

Filed Thursday, the lawsuit challenges the legality of 63 policies in the subdivision regulations.

In a press release, Russell Crowder of American Dream Montana said of the Flathead County commissioners' adoption of the regulations: "The actions of this county commission ignored Constitutional protections for property owners; the intent of the Montana Legislature through laws enacted to guarantee those protections; and the legitimate concerns of many Flathead County property owners."

Among the 63 policies listed in the lawsuit, Crowder cited several key provisions dealing with ground water, roadway design, construction standards and family transfers.

The lawsuit also claims that two of the policies constitute a "taking" of private property. One policy requires easements of 10 feet for walkways and bike paths. Another requires public access easements on internal subdivision roads.

Because a number of policies have yet to be added to the regulations, Crowder said he reserves the right to add those policies to the lawsuit if he sees fit.

As for the purpose of filing legal action against the county, Crowder said, "We needed to hold Flathead County to the rule of law."

Crowder insists that throughout the adoption process he and the members of American Dream Montana were very active in trying to bring their concerns to the attention of the planning board and commissioners.

"It was obvious that what the Planning Department proposed was what was going to pass," he said. "The rest of the process was all smoke and mirrors."

Crowder said he hopes that when county officials receive the lawsuit, they will take a step back and realize that what his group is asking for is reasonable.

As of Thursday afternoon the Flathead County Attorney's Office had not seen the lawsuit and had no comment.

Reporter Amy May may be reached at 758-4459 or by e-mail at amay@dailyinterlake.com