'Doughnut' - High court denies mediation request

The Montana Supreme Court has denied a request from the city of Whitefish to send the “doughnut” litigation to mediation.

The battle over planning control of the two-mile doughnut around Whitefish remains at the Supreme Court for a final ruling.

Flathead District Court Judge David Ortley’s ruling earlier this year returned planning jurisdiction of the doughnut to Flathead County and declared invalid a city referendum that threw out the 2010 interlocal agreement, which at the time was considered a compromise by both sides.

Mediation was attempted unsuccessfully at the District Court level.

Whitefish then appealed Ortley’s ruling to the high court.

In a brief order issued Tuesday, the Supreme Court noted the plaintiffs and appellees’ written objections to Whitefish’s request for mediation.

“They maintain that, under the city of Whitefish’s own theories, a final settlement of this case is a legal impossibility,” the Supreme Court order stated. “Given the objection of the plaintiffs and appellees ... the motion to designate this appeal as appropriate for mediation is denied.”

Plaintiffs in the long-running lawsuit are Lyle Phillips, Anne Dee Reno, Turner Askew and Ben Whitten.