Judge restores Whitefish 'doughnut' authority

A ruling last week by Flathead District Judge Katherine Curtis will give the city of Whitefish some jurisdictional breathing room until the outcome of the "doughnut" lawsuit is decided.

Curtis' ruling puts Whitefish's 2005 interlocal agreement with the county back in force as if it had not been rescinded by the county commissioners.

"Whitefish got back all the jurisdiction and authority it had all along," Whitefish City Attorney John Phelps said.

When the county rescinded the interlocal agreement last year, the city sued the county and later appealed an adverse District Court ruling to the Montana Supreme Court. At issue is control of the two-mile planning area or "doughnut" outside city limits.

In December 2008 the high court sent the doughnut lawsuit back to District Court, saying the lower court had "put the cart before the horse" by dealing with the merits of the case first and with the requested preliminary injunction second.

Curtis issued a preliminary injunction in January and noted in her latest ruling that the injunction will remain in full force until the merits of the case are decided.

Her ruling further stipulated that two emergency lakeshore permits issued by Flathead County in December 2008 to the Gamble Family Trust and Roger Rowles will remain in full force.

The next step in the lawsuit is filing motions for summary judgment on the merits of the case, Phelps said.

Still pending, though, are the intervenor filings in the lawsuit.

County Commissioner Jim Dupont and Whitefish area resident Anne Dee Reno filed an application to intervene in February because they both favor county control of the doughnut area, according to court records.

A year ago, Heiko and Elizabeth Arndt and Westridge Investments, a California holding company, asked to intervene because they claimed their property was being negatively impacted by Whitefish zoning regulations and a growth policy that includes the doughnut area.

Curtis did, however, consider the Northwest Montana Association of Realtors' amicus or "friend of the court" brief as supplementary information before issuing last week's ruling.

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