Whitefish open meeting lawsuit headed to bench trial

After a failed attempt at negotiations, a lawsuit filed by a planning consultant claiming the city of Whitefish violated open meeting laws is scheduled for a bench trial this spring.

The suit in Flathead County District Court, filed in 2019 by Mayre Flowers, and her company CommUnity Consulting, alleges the city violated open meeting laws in creating the city’s affordable housing program. The city denies the allegations.

A settlement between the two parties could not be reached after negotiations, according to court documents, “despite the good faith efforts by both parties to come to a mutually agreeable resolution.”

Both parties have filed motions for summary judgment, meaning the case be will decided based on facts without a trial, but District Court Judge Heidi Ulbricht has yet to rule on the motions.

In the lawsuit, Flowers alleges the city’s process in creating its Legacy Homes Program was illegal and contrary to the transparent public process that the Montana Constitution requires.

She alleges the city held more than 30 closed-door meetings, and that the city refused requests to open meetings and provide documents related to the meetings, and in addition, failed to keep minutes of the meetings.

The city denies the allegations related to multiple incidents related to Flowers’ claims that the city violated her right to know, Montana’s open meeting laws, and violated her right to participate during the process of creating the program.

THE CITY, in documents, says the case should be dismissed because Flowers has failed to exhaust administrative remedies to the issues raised.

Judge Ulbricht rejected a motion by the city to have Flowers’ attorney Michelle Weinberg removed from the case, according to documents.

The city claims Weinberg had conversations with City Councilor Frank Sweeney at a private dinner party shortly after the lawsuit was filed, but before Sweeney and the city were made aware of it. Weinberg denied she engaged Sweeney in a conversation about the subject matter of the lawsuit, according to court documents.

Ulbricht agreed there is evidence that Weinberg “improperly solicited” statements from Sweeney about the subject of the lawsuit and that such conversation may adversely impact the rights of the city, according to documents.

While the judge ruled that Weinberg may continue with the case, she also ruled that conversations Weinberg had with Sweeney prior to his knowledge about a lawsuit can’t be used during the case and that the plaintiff can’t use Sweeney as a witness.

Flower’ lawsuit is asking the court to rule that the city’s Legacy Homes Program be void and is requesting an order requiring the city to adopt rules of public participation for all meetings of council and committees, boards, and authorities and entities of the city.

In addition to the city, the lawsuit also lists the Whitefish City Council, the Whitefish Strategic Housing Steering Committee and the inclusionary zoning ad hoc subcommittee as defendants in the case.

Attorney Marcel A. Quinn is representing the city in the lawsuit.

A non-jury trial date has been set for May.