County wins growth policy lawsuit

A Flathead District Court ruling in a lawsuit brought by Citizens for a Better Flathead against Flathead County over growth policy amendments favors the county’s actions and procedures.

The lawsuit, filed in February 2014, claimed the commissioners made sweeping changes in 2012 to the county’s 2007 growth policy without following mandatory procedures for making amendments and keeping the public involved in the changes.

It also questioned the growth policy’s so-called property owners “bill of rights” that states when conflicts arise over land use, property rights take precedence over other rights.

Citizens, a land-use watchdog group, claimed the property rights provision violates the Montana Constitution and Growth Policy Act. The group asked the court to void the commissioners’ approval of the growth policy amendments.

District Judge Heidi Ulbricht addressed six key assertions made by Citizens, stating in her court order:

•  Flathead County commissioners complied with applicable mandatory procedures when adopting the 2012 amended growth policy.
•  The Planning Board’s recommendations to the commissioners cannot be voided.
•  The commissioners and Planning Board considered public comment.
•  The commissioners did not delete officially adopted maps from the 2007 growth policy.
•  The commissioners did not abuse their discretion when they removed or amended policies.
•  The individual private property owners “bill of rights” conflict clause is vague and violates Citizens for a Better Flathead’s right to a clean and healthful environment.

Ulbricht said property rights language in the growth policy “was apparently motivated by an erroneous belief that growth policies have a ‘regulatory nature’ that was being increasingly emphasized by Montana courts,” but she added that “does not mean its content is inherently unreasonable or unconstitutional.”

Citizens has 60 days to make a decision whether to appeal the District Court order and is considering that option, Citizens Executive Director Mayre Flowers said.

“We’re clearly disappointed in the decision,” Flowers said. “We feel public participation is a right sacred to all Montanans.”

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