Judge restrains county in 'doughnut' showdown

Flathead District Judge Kitty Curtis on Tuesday issued a temporary restraining order that prevents Flathead County from taking further action to eliminate Whitefish's two-mile planning "doughnut" until a court hearing is held April 23.

The county commissioners two weeks ago voted 2-1 to rescind the interlocal agreement that created the doughnut area three years ago. Commissioners Gary Hall and Dale Lauman maintained Whitefish is exerting too much control over the two-mile area where residents cannot vote or be elected to the council.

The city of Whitefish then sued the county, alleging the county had no legal right to back out of the agreement.

Both Whitefish City Attorney John Phelps and Missoula attorney Alan McCormick, the county's legal counsel, agreed to the temporary restraining order so the city can continue to conduct business in the doughnut on a status-quo basis.

A hearing at 10 p.m. on April 23 before Judge Curtis will allow the county to show cause why a preliminary injunction should not be issued.

Phelps said the city insisted on language in the interlocal agreement that would prohibit either party from unilaterally withdrawing from or terminating the agreement.

"Without this language, the city would not have entered into the interlocal agreement," he noted.

The Whitefish City Council plans to meet with residents of the doughnut area within the next few weeks to discuss ways of giving those citizens a voice in city issues.

The doughnut dilemma came to a head recently when the council approved a controversial critical-areas ordinance that imposes regulations in sensitive drainage areas.

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