EDITORIAL: Whitefish 'doughnut' battle over - or is it?

After eight long years and two rounds of litigation involving the Montana Supreme Court, the battle of the “doughnut” area around Whitefish is finally over.

As directed by the high court, the Flathead County commissioners recently finalized the Rural Whitefish Zoning District that imposes county zoning in the doughnut. The city of Whitefish and the county were never able to work out their differences, so the court stepped in and ceded control to the county.

The Daily Inter Lake has followed the doughnut saga since Day One, with staffer Lynnette Hintze writing close to 140 stories about the jurisdiction dispute since 2008. The legal battle drew statewide attention. Two years ago the Montana Supreme Court heard oral arguments in a well-attended public venue on the University of Montana campus.

But what are the take-away lessons from this ordeal?

One observation is that cities must step lightly when imposing regulations that affect property outside of their boundaries. Let’s not forget it was Whitefish’s onerous critical areas ordinance that jump-started the doughnut fight. That city law imposed drainage-related regulations in an area where residents had no say in city government.

It was this over-reaching, heavy-handed regulation without representation that became the battle cry for doughnut residents.

To be fair, cities can benefit from some measure of oversight in areas around their borders where urban growth likely will take place in the future. That’s why the interlocal agreement for the Whitefish doughnut area was created in the first place, to foster cooperation between the two local governments. Whitefish took an all-or-nothing attitude during the two rounds of litigation, though, and so the city ultimately wound up with nothing.

Just because the line has now been drawn in the sand about what is Whitefish’s and what falls under county control doesn’t mean there won’t be further battles involving the doughnut area.

Whitefish seems poised to take an aggressive approach to annexation, most recently eying 26 properties on West Lakeshore Drive it wants to bring into the city. The city intends to use the “wholly surrounded” method of annexation that doesn’t give affected property owners the right to protest.

The City Council last week held a work session to start talking seriously about annexing Lion Mountain and other doughnut areas close to Whitefish Lake, with the goal of addressing septic leachate pollution found in the lake.

Annexation — even if it’s done in the name of preserving water quality — will be the next big battle for Whitefish and its neighbors, we predict. Stay tuned for the sequel of “As the Doughnut Turns.”