Court denies Whitefish 'doughnut' injunction

The city of Whitefish just encountered strike three in its efforts to block Flathead County's effort to reassert planning control in the two-mile "doughnut" area outside the city.

The Montana Supreme Court on Tuesday denied a motion by Whitefish for an injunction pending its appeal to the high court.

The city was seeking a court order that would have forced Flathead County to adhere to the terms of a 2005 interlocal agreement - and not take away planning authority from the city - until the appeal was settled.

The appeal probably won't be decided until some time in 2009.

The 2005 agreement gave Whitefish planning and zoning authority over the two-mile planning area. But Flathead County withdrew from the deal earlier this year.

Flathead County now is free to enforce its jurisdiction over the doughnut.

Previously, Whitefish lost its original bid for an injunction against the county and a subsequent try for an injunction pending appeal before District Judge Katherine Curtis.

On May 1, Curtis denied the city's petition for a preliminary injunction and dissolved a temporary restraining order against the county.

Whitefish then filed a motion in District Court for an injunction pending appeal, and on May 15 filed a notice of appeal with the Supreme Court. Curtis again ruled in favor of the county by denying the injunction.

Curtis ruled that the county's statutory right to plan and zone can't be superseded by an interlocal agreement transferring that authority to the city.

On July 1, Whitefish filed a motion for injunction pending appeal with the Supreme Court. Whitefish wanted to keep the status quo - city control of the doughnut - in place until the high court weighs in on the matter.

Flathead County filed a response objecting to the motion.

"I think our lawyer is real confident," said Flathead County Chief Deputy Attorney Jonathan Smith. "He thinks we have a good case; we think we have good case."

Missoula attorney Alan McCormick is representing the county.

Smith said that there isn't much left for Whitefish to do but wait for the Supreme Court to make its ruling.

Since withdrawing from the agreement on March 13, Flathead County has begun the process of amending its growth policy to remove references to the doughnut. The county also is working to transfer planning and zoning jurisdiction back to the county.

Reporter Michael Richeson may be reached at 758-4459 or by e-mail at mricheson@dailyinterlake.com