Lakeside hearing postponed

A hearing on a request for an injunction to halt work on the Somers Neighborhood Plan and bar implementation of the Lakeside Neighborhood Plan, if it is approved, has been continued pending an investigation of the Lakeside plan and the process under which it was developed.

Flathead County District Court Judge Stewart E. Stadler postponed Friday's hearing until the investigation is over.

The investigation into the planning process, which is being conducted by a private investigator hired by the county, was expected to conclude by the end of the month but is taking longer than originally anticipated, according to attorneys.

A new hearing date has not yet been set, said Kalispell attorney Tammi Fisher, who represents a group of Lakeside and Somers property owners suing to challenge the neighborhood planning process.

The Lakeside plan, which won unanimous support in July from the Lakeside Community Council, won't go before the Flathead County Planning Board for approval until after the rescheduled injunction hearing, Fisher said.

The Planning Board held a public workshop on a draft of the plan earlier this month, a precursor to the board's required public hearing and the county commissioners' ultimate decision.

The Lakeside Neighborhood Planning Committee already had produced a draft of the plan after nearly two years of work sessions and public meetings when the group of two dozen property owners and advocates called into question a members-only Yahoo Web site the committee used to conduct business as the planning process progressed.

The group filed suit against the county, County Planning Director Jeff Harris and the Lakeside Neighborhood Planning Committee challenging the plan.

The lawsuit alleges violations of open meeting laws and that the draft plan is illegal and unconstitutional.

Deputy Flathead County Attorney Jonathan Smith ordered the Web site open to the public and all documentation associated with the site made public in response to the allegations of secrecy.

The committee continues to use a Web site, www.lakesideplan2008.com, to keep the town abreast of the planning effort.

Smith has advised the Planning Board to continue its work on the Lakeside plan despite the pending legal action. But work on the Somers plan has been put on hold.

The Lakeside planning effort began in summer 2007 with a mandate from the county to the Lakeside Community Council to revise and update the 1994 plan to comply with county growth policy.