Realtors want a say in lawsuit over 'doughnut' jurisdiction

The Northwest Montana Association of Realtors has asked Flathead District Court for permission to file an amicus or "friend of the court" brief to provide supplementary information in Whitefish's "doughnut" lawsuit against Flathead County.

The lawsuit, a fight between Whitefish and the county over planning control of the two-mile doughnut area around Whitefish, was sent by the Montana Supreme Court back to District Court for further consideration in late December.

Since then, District Judge Katherine Curtis has issued a preliminary injunction - as directed by the high court - stopping the county from taking control of the doughnut.

The county commissioners last year voted to rescind the county's 2005 interlocal agreement that gave the city of Whitefish control of the doughnut. Then the city sued the county.

The Realtors group wants to provide information to the court about the negative impact that reversing the county's action would have on real-estate owners, their property values and the real estate industry.

Alleged far-reaching effects of the city's critical-areas ordinance in the doughnut area are central to the Realtors' opposition to city control.

"Whitefish ignores the fact that its heavy-handed control of property owners precluded from voting in Whitefish elections has greatly impacted these owners' property values and their ability to use, enjoy and sell their private property," the Realtors say in the amicus brief.

The Realtors association had concerns about the critical-areas ordinance - a complex law governing construction in drainage-sensitive areas - from the start, arguing that its complexity would affect property sales and uncertainty in the Whitefish area real-estate market.

The association board last March decided to provide disclosure forms for all properties affected by the critical-areas ordinance.

Accompanying the association's brief are affidavits with testimony from Greg Carter, a real-estate broker and owner of Rocky Mountain Real Estate; Grouse Mountain developer Tim Grattan; and Flathead Business and Industry Association Director Denise Smith.

Carter said in his sworn affidavit that the critical-areas ordinance imposed new regulations on currently listed properties with a combined listing value of $687.5 million.

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