Landowners sue to stop planning

Somers/Lakeside group seeks injunction

A group of two dozen Somers and Lakeside property owners have sued Flathead County, County Planning Director Jeff Harris and the Lakeside Neighborhood Planning Committee, challenging the neighborhood planning process and alleging violations of open meeting laws.

The lawsuit, filed Thursday in Flathead District Court, also seeks an injunction preventing Harris and the county from pursuing any future neighborhood plans until the court declares an appropriate process.

It further asks for an injunction halting development of the Somers Neighborhood Plan until procedures in the Flathead County Growth Policy are followed, and declaring any work done on the Somers plan null and void.

The plaintiffs also want the judge to declare the draft Lakeside Neighborhood Plan - an update of an earlier plan - illegal and unconstitutional, and have asked for an injunction stopping implementation of the Lakeside plan.

The lawsuit also takes the unusual step of asking the court to attach the Montana Association of Counties bond under which Harris is insured to pay for damages, attorney fees and related costs.

"For any and all damages assessed to Flathead County for Jeff Harris' dishonest and unfaithful performance as alleged herein, the taxpayers should not be responsible," the lawsuit states.

District Judge Stewart Stadler will consider the lawsuit.

The landowners have asked for a jury trial. They include David Allen, Eleanor Allen, Johnathon Allen, Aaron Allen, Kristy Allen, Darren Clarke, James Frame, Roxanne Frame, John Day, Bill Blomgren, Charles Harris, Judy Harris, Dennis Thornton, Donna Thornton, Jim Etzler, Beverly Etzler, Chris Rasmussen, Remi Rasmussen, Lawrence Ask, Carol Ask, Joyce Day, Rudy Mendez, Gena Mendez and Pauline Dyer.

The lawsuit brings into question a members-only Yahoo Web site the Lakeside Neighborhood Planning Committee used to conduct business as the Lakeside planning process progressed.

Deputy County Attorney Jonathan Smith subsequently ordered the Web site be opened to the public and all documentation associated with the site be made public. The site was shut down on Tuesday.

Because Harris and planner Eric Giles received e-mail correspondence via the Yahoo site, the lawsuit alleges the planning office was aware of the 'secret" Web site since Nov. 3, 2007. Despite knowing about the site, the planning office did nothing to stop it, the lawsuit alleges.

A public Web site, www.lakesideplan2008.com, was developed to provide 'selected" information from the committee, yet all the information shared by committee members was kept on the 'secret" site and it served as the official Web site for "committee business," the complaint alleges.

The lawsuit notes that committee member Barb Miller, who set up the Yahoo site, told other committee members on Nov. 19, 2007, that "after tomorrow's meeting, all info will only be on the Yahoo Group site." Harris was included in the e-mail advisory.

"The planning office was privy to every private e-mail sent within the secret Web site and engaged in dialogue through the secret Web site," the complaint states.

The lawsuit further alleges that committee meetings were held in private homes of members and at businesses of members and didn't include the public.

At a December 2007 meeting at a committee member's home, "in concert" with the planning office, it was decided a public survey would be distributed to only those holding post-office boxes in Lakeside, the lawsuit states, alleging that distribution neglected many large Lakeside area landowners who don't have post-office boxes in Lakeside.

By the end of January 2008, the committee decided the final draft of the public survey would be posted on the secret Web site, the complaint states.

Harris allegedly e-mailed a committee member in July 2008 affirming his belief that "everything [the Lakeside committee] has done is totally proper and above that done by other community planning processes." In regard to community members questioning the Web site, Harris said they were "vocal opponents of anything planning" and that their comments were "dribble," the lawsuit states.

When committee members were informed by the public that some Lakeside area landowners hadn't been informed of the planning process, the complaint alleges, Miller said the committee "purposely deferred open public meetings to May/June" 2008 so that after a draft plan was developed, then absentee landowners could provide comments.

The complaint cites numerous alleged violations of the Montana Constitution and state law. It also lists six counts against Harris specifically, ranging from failure to adequately train and supervise committee members and planning office employees to failure to provide honest government services.

Harris was out of town and could not be reached for comment. Smith had not seen the lawsuit Friday and said he could not comment.

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