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Whitefish 'doughnut' deal repealed

by The Daily Inter Lake
| November 8, 2011 10:10 PM

Whitefish city voters have thrown out a 2010 planning agreement for the two-mile "doughnut" area around Whitefish.

A referendum in the city election aimed at repealing a revised interlocal agreement between the city and Flathead County for the doughnut passed on Tuesday by a vote of 1,444 to 738.

It's unclear exactly what will happen now because each government entity has a different take on the outcome.

Whitefish officials believe the jurisdiction will revert to the original 2005 interlocal agreement, which gives the city full planning control for the two-mile area.

County officials argue the 2005 agreement is null and void.

"There's nothing to revert to, that's the whole issue," Flathead County Commissioner Jim Dupont said in an earlier interview. "If [the repeal] happens, we'll take over zoning in the doughnut."

The 2005 agreement was rescinded by the county commissioners in early 2008, but during legal proceedings in a lawsuit filed by the city of Whitefish against the county, Flathead District Judge Katherine Curtis returned the 2005 agreement to its status quo until the lawsuit was settled.

But since the lawsuit was dismissed as part of the 2010 agreement, the question many have is whether that status quo ruling still applies.