McGrew sues Whitefish over residency

As promised, Whitefish City Council member Martin McGrew has sued the city of Whitefish, asking the court to stop the city from ousting him from the council over a residency matter.

The council on Monday voted to remove McGrew from the council by Feb. 19 unless he can get a court order reversing the action. The residency fracas began Jan. 29 when a city employee discovered that part of the lot on which McGrew lives never was annexed into the city.

The lawsuit, filed Thursday in Flathead County District Court, states that McGrew has conducted his life and actions consistent with being a city resident. In 1998 McGrew used a boundary-line adjustment to acquire the northern portion of his lot, which had been annexed into the city a year earlier.

McGrew speculated initially that a clerical error may have occurred during the boundary-line adjustment process.

The lawsuit alleges that at all times since 1998, McGrew's property at 545 Ramsey Ave. "has been one lot within the city of Whitefish." But the complaint later acknowledges that a portion of McGrew's property was not formally annexed into the city.

The city determined that the southern half of the lot, on which McGrew's home is located, is an island of county property.

City Attorney John Phelps told the council that the city has other islands of county property.

"It's not wrong for the city to leave [lots] in that situation," Phelps said. "It's not a mistake on the city's part."

Phelps' research revealed an entry in City Council minutes in 1994 that noted a motion to delay annexing a number of properties in McGrew's neighborhood. In 1987, the council looked at annexing 37 lots in that area, but for whatever reason, 14 of the properties - including McGrew's - were removed from the annexation list.

Phelps noted that McGrew has been receiving two tax bills for his property and has not paid city taxes on the southern half of the lot. McGrew said that because his mortgage company pays his property taxes through an escrow account, he was unaware of the discrepancy.

It remains to be seen whether the court will act on McGrew's complaint prior to Feb. 19. Briefs in the case are due by noon on Monday, and after that District Judge Ted Lympus will decide whether to set a hearing or if there's a need for one, Court Administrator Bonnie Olson said.

The city got prompt action from District Court in early January when council member John Muhlfeld's residency was called into question, but Phelps said it's difficult to predict what the court will do in this case.

"It's unusual to get a court decision in two weeks," Phelps told the council, adding that because of the nature of the dispute it's possible it could be expedited.

A majority of the council agreed with Phelps' opinion that leaving McGrew on the council if he wasn't validly elected makes the city vulnerable to lawsuits challenging McGrew's votes. Nick Palmer was the lone council member who objected, saying the council shouldn't act hastily.

"Let's cool our jets and see if any new documents show up, rather than take precipitous action," Palmer said at Monday's meeting.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com