Bigfork developers sue county, land-use groups

Two Bigfork developers have sued Flathead County and two Bigfork land-use committees, alleging they suffered damages in connection with a request for a zone change.

A complaint and demand for jury trial was filed March 7 in Flathead County District Court by Mike Touris and Chuck Sneed. The two men are represented by Kalispell attorney Tammi Fisher. Besides the county, the Bigfork Land Use Advisory Committee and the Bigfork Steering Committee were named as defendants in the lawsuit, along with 10 unnamed people to be identified later.

Sneed and Touris allege negligence, negligent misrepresentation, procedural due process, equal protection and substantive due process violations. The complaint also alleges “liability for failure to adequately train and supervise county employees and board members.” That lack of training and supervision allowed constitutional violations of procedural due process and “deprivation of honest government services,” the complaint states.

The county has 20 days to respond to the lawsuit once it’s been served, Deputy County Attorney Tara Fugina said.

The men ask for compensatory damages for lost profits, earnings, discomfort, annoyance, personal inconvenience, loss of use, mental anguish, emotional distress and diminution in value of property. They ask for money to cover their expenses incurred in an attempt to prevent or minimize the damages caused by the defendants’ actions, for attorney’s fees, the costs of the lawsuit and other relief the court may deem just.

Touris and Sneed own property north of Bigfork on Montana 83 in an area zoned for suburban agriculture 5, where industrial and commercial businesses operate under “non-conforming use zoning status,” the complaint states.

The two men sought a zone change from suburban agriculture 5 to light industrial in 2007, which was denied. They reapplied for a zone change in the spring of 2009, requesting the same reclassification. According to the complaint, the county planning staff’s report on the request “was generally supportive” of the zone change, but recommended the property be zoned light industrial highway, the complaint states.

In July 2009, the Bigfork Land Use Advisory Committee voted to recommend the zone change to light industrial highway. In August 2009, the Flathead County Planning Board recommended the same zone change to the county commission, according to the complaint.

Then, in September 2009, the Bigfork Steering Committee, circulated a petition at a community fundraising event urging the county commissioners to deny the application to either industrial classification, the complaint states. “That petition was signed by at least five (land-use advisory committee) members,” the complaint states. On Sept. 14, 2009, the land-use committee sent the county commissioners a letter asking that the zone change be denied, “in direct contradiction to [its] own recommendation for approval ... that was issued six weeks prior.”

On Sept. 16, 2009, the commissioners voted 2-1 to approve the zone change to light industrial, according to the complaint.

The complaint alleges negligence because the land-use advisory group “had a duty to follow” county zoning regulations and “its own bylaws.”

The complaint further alleges the county’s failure to train and supervise its employees, volunteer board members and officials demonstrated deliberate indifference and reckless disregard.

And, the complaint says, the advisory committee had no authority to send the commissioners a letter. Doing so denied Touris and Sneed due process of law, the complaint alleges.

The county and its boards have a duty to treat every applicant coming before them similarly, according to the complaint. The county and its boards “must also present applications before them in a fair and unbiased manner when soliciting public comment on the application,” the complaint further states.

Touris and Sneed allege they were treated differently than other applicants, which violates the 14th Amendment.

Not being treated fairly caused the two men to suffer “severe emotional distress,” according to the complaint.

Messages left for Fisher, Sneed and Touris were not returned.

Reporter Shelley Ridenour may be reached at 758-4439 or by e-mail at sridenour@dailyinterlake.com.