Thursday, April 18, 2024

Legals for February, 4 2024

| February 4, 2024 12:00 AM

NO. 30016 NOTICE OF CLASS ACTION Beck, et al. v. City of Whitefish Case No. CV 22-44-M-KLD United States District Court for the District of Montana THIS IS A NOTICE OF CLASS ACTION LITIGATION THAT MAY AFFECT YOUR RIGHTS IF YOU BORE THE COST OF WATER AND/OR WASTEWATER IMPACT FEES PAID TO THE CITY OF WHITEFISH TO DEVELOP PROPERTY YOU OWNED UNDER ITS EFFECTIVE RATES FROM JANUARY 1, 2019, TO DECEMBER 31, 2023. The United States District Court for the District of Montana in the Missoula Division (the “Court”) authorized this notice but has not yet decided on the merits of the claims made in the above-referenced litigation. • In Montana, impact fees are charges “imposed upon development by a governmental entity as part of the development approval process to fund the additional service capacity required by the development.” Montana Code Annotated Section 7-6-1601(5). • The City of Whitefish (the “City”) charges impact fees for development within Whitefish city limits, including new construction, remodels, and renovations. The City conditions its issuance of building permits on payment of these fees, if applicable. • In 2022, several persons and entities (the “Plaintiffs”) who had paid impact fees to the City to develop their properties filed this lawsuit claiming that, since 2019, the City has charged excessive water and wastewater impact fees in violation of the United States Constitution and Montana law.  • On September 29, 2023, the Court entered an order allowing the lawsuit to proceed as a class action. • A class action is a case in which one or more persons sue on behalf of other people who have substantially similar claims. Those people together are a “Class” and anyone within the Class is a “Class Member.” • The Court has defined the Class in this lawsuit as:  All persons or entities who bore the cost of impact fees for water and wastewater services to the City of Whitefish from January 1, 2019, to the present. • The Court has appointed the Plaintiffs’ lawyers in this lawsuit as Class counsel to represent the interests of the entire Class. • Class Action Notice letters are being sent out to potential Class Members who owned property for which water and/or wastewater impact fees were paid between January 1, 2019, to December 31, 2023, and whose last known mailing address could be obtained. If you believe you or your company is a potential class member and you did not receive a mailed or emailed notice letter, please contact the Class counsel whose information is provided at the end of this notice. OPTIONS AND LEGAL RIGHTS OF POTENTIAL CLASS MEMBERS: 1. If you so request, by completing and submitting a “CLASS OPT OUT FORM” on or before March 18, 2024, the Court will exclude you from the Class, and therefore from this litigation. 2. If you do not opt out of the Class, you will remain a potential Class Member. The final judgment, whether favorable to the Class Members or against them, will be binding on all Class Members who do not opt out of the Class by requesting exclusion. 3. As a potential Class Member, more information may be required of you to determine your eligibility to receive refunds for any impact fee amounts ultimately deemed unlawful by the Court. Please complete and submit a “CLAIM INFORMATION FORM” to receive updates on the lawsuit and ensure you can be easily contacted if more information is needed from you. 4. Any Class Member who does not opt out of the Class will be bound by any judgment rendered by the Court, whether favorable to the Class or the City. Class members may still choose to acquire their own lawyer to represent their interests in this lawsuit. ***Forms can be found and completed online at CLASS COUNSEL CONTACT INFORMATION Email Laird Cowley, PLLC Phone: (406) 541-7400 Mailing Address: P.O. Box 4066 Missoula, MT 59806 Attorneys: Cory Laird Lindsay Mullineaux Riley Wavra Kovacich Snipes Johnson, PC Phone: (406) 500-5000 Mailing Address: P.O. Box 2325 Great Falls, MT 59403 Attorneys: Mark Kovacich Caelan Brady A class action website with more information on the lawsuit and important case filings is also being maintained at Jan. 21, 28 and Feb. 4, 11, 18, 25 and March 3, 10, 2024 MNAXLP __________________________

NO. 30036 Ref: 8WP-CWW U.S. ENVIRONMENTAL PROTECTION AGENCY PUBLIC NOTICE PURPOSE OF PUBLIC NOTICE The purpose of this notice is to inform interested and potentially interested parties of the City of Kalispell’s request for approval of its POTW Pretreatment Program Submittal. The EPA has determined that the City of Kalispell’s Pretreatment Program Submission is complete in accordance with 40 C.F.R 403.9(b).  The EPA provided a 30-day notice on November 19, 2023 to afford interested persons in this newspaper(s) of general circulation within the jurisdiction(s) served by the City of Kalispell to submit their written views on this Submission. In addition to this notice, EPA mailed notices of the City of Kalispell’s request for approval of the Submission to designated 208 planning agencies, Federal and State fish, shellfish and wildlife resource agencies, and to any other person or group who has requested individual notice, including those on appropriate mailing lists the opportunity to provide comments on the City of Kalispell’s request for approval of its Pretreatment Program. The EPA did not receive substantive comments during the 30-day public notice beginning on November 19, 2023; therefore, the EPA intends to approve the City of Kalispell’s Pretreatment program.  All written comments submitted during the 30-day comment period will be considered in the decision on whether or not to approve the Submission. Upon approval, this Pretreatment Program shall be incorporated into the City of Kalispell’s NPDES permit (MT-0021938) and is a minor modification of the NPDES permit as specified in 40 CFR Section 122.63(g).  SUMMARY INFORMATION The federal Clean Water Act established the NPDES permit program to regulate the discharge of pollutants by persons to waters of the United States. In addition, the Act established toxic pollutant and pretreatment standards and requirements for Industrial Users (sources of non-domestic indirect discharge) of POTWs. The implementing regulations may be found at 40 CFR Part 403. POTWs with either a design flow greater than five million gallons per day and receiving from Industrial Users pollutants which Pass Through or Interfere with the operation of the POTW or are otherwise subject to Pretreatment Standards will be required to establish a POTW Pretreatment Program and must actively regulate their industrial users and assure compliance by these users with all applicable federal and local Pretreatment Standards and requirements. In certain circumstances, the Regional Administrator may also require POTWs with a design flow of five million gallons per day or less to develop a pretreatment program. The requirement for a POTW to properly implement its program is an enforceable provision of its NPDES permit. FURTHER INFORMATION AND COMMENTS Persons wishing to review the Approved Pretreatment Program documents submitted by the City of Kalispell and/or any comments received for the submission during the public notice, may contact Al Garcia at (303) 312-6382 or Comments must be directed to Al Garcia at using subject line “MT-0021938 Public Comment”. If you cannot adequately submit comments via email, please reach out to Mr. Garcia at (303) 312-6382 to discuss alternative arrangements. Comments or requests for a public hearing regarding the City of Kalispell’s request for approval of its Pretreatment Program Submittal must be submitted no later than 30 days from the date of this public notice. A request for a hearing must indicate the interest of the person filing such request and the reasons why a hearing is warranted. Feb. 4, 2024 MNAXLP __________________________

NO. 30052 DAVID F. STUFFT Attorney at Law P.O. Box 2957 Kalispell, MT 59901 Phone: (406) 471-4819 Attorney for Robert L. Parker Jr.  Personal Representative of the Estate MONTANA ELEVENTH JUDICIAL DISTRICT COURT FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF CONNIE MARIE PARKER,   DECEASED. Cause No. DP-2024-016 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned. Robert L. Parker, Jr., has been appointed Personal Representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to Robert L. Parker, Jr., the Personal Representative, return receipt requested c/o David F. Stufft, Attorney at Law, P.O. Box 2957, Kalispell, Montana 59901, or filed with the Clerk of the above Court. DATED this 24th day of January 2024. /s/Robert L. Parker, Jr. Robert L. Parker, Jr. Jan. 28 and Feb. 4, 11, 2024 MNAXLP __________________________

NO. 30053 NOTICE OF HEARING ON PROPOSED FY24 BUDGET AMENDMENT NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Flathead County, Montana intends to amend the budget for the 2023-2024 fiscal year and that said budget amendment affects the following functions: general government; public safety; public works; public health; social and economic services; culture and recreation and solid waste. Details are open to public inspection in the Office of the Flathead County Clerk & Recorder, 800 South Main, Kalispell, Montana and also available on the County website at  The Board will meet on the 13th day of February, 2024 at 9:45 a.m. for the purpose of holding a hearing and consideration of the amendment to the original budget. Said meeting is to be held in the Commissioners’ Chambers, Third Floor, 800 South Main, Kalispell, Montana. Any taxpayer or resident may appear at the hearing and will be heard for or against any part of the proposed budget amendment. For further information, please contact Amy Dexter, Finance Director, 800 South Main, Room 214, Kalispell, Montana 59901, Telephone (406) 758-5538. Written comments are encouraged and will be reviewed by the Commissioners if received by the Flathead County Commissioners’ Office prior to the hearing. DATED this 25th day of January, 2024. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Randy L. Brodehl Randy L. Brodehl, Chairman Jan. 28 and Feb. 4, 2024 MNAXLP __________________________

NO. 30057 Lost or Stolen Bicycles If you have had a bicycle lost or stolen between the period of July 2023 and January 2024, the Kalispell Police Department may have it in their possession. KPD intends to donate all found and/or abandoned bicycles on February 12, 2024, if not claimed prior, in accordance with City Resolution 4841. Please call 758-7772 with a description of your lost or stolen bike to claim. Jan. 31 and Feb. 1, 2, 4, 5, 6, 7, 8, 9, 11, 2024 MNAXLP __________________________

NO. 30065 NOTICE FOR PUBLIC COMMENT REQUEST FOR FLOODPLAIN DEVELOPMENT PERMIT The Flathead County Floodplain Administrator has received the following Floodplain Development Permit applications: FDP-24-02 A request by Andrew Hyde of Carver Engineering on behalf of Burton Properties, LLC, for the placement of fill for the purpose of elevating a property for the future expansion of an existing adjacent manufactured home park within the 100-year Floodplain of the Flathead River and Spring Creek. The subject property does not have a designated address at this time, but is directly south of 2115 Highway 2 E, Kalispell MT. The property can legally be described as Tract 2CF in Section 4, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The assessor number is 0469201 and the property is 2.85 acres. The complete application may be viewed at our office. Written or oral comments concerning the above requests should be directed to the Floodplain Administrator at the Flathead County Planning & Zoning Office, South Campus Building, 40 11TH Street West, Suite 220, Kalispell, Montana 59901, (406) 751-8200. Comments should be received by 5:00 PM on Wednesday, February 21, 2024. /s/ Erik K. Mack Erik K. Mack, AICP Planning Director Flathead County Planning & Zoning Feb. 4, 2024 MNAXLP __________________________

NO. 30066 DEPARTMENT OF PUBLIC SERVICE REGULATION BEFORE THE PUBLIC SERVICE COMMISSION OF THE STATE OF MONTANA In re NorthWestern Energy’s Annual Natural Gas Tracker Application for Interim and Final Rate Adjustments Docket 2022.07.077 January 31, 2024 Notice of Public Hearing 1. On May 31, 2023, NorthWestern Corporation d/b/a NorthWestern Energy (“NorthWestern”) filed with the Montana Public Service Commission (“Commission”) its Annual Natural Gas Tracker Application for Interim and Final Rate Adjustments (“Application”).  2. In its Application, NorthWestern proposes to increase its residential natural gas supply rates, its general service natural gas supply rates, and its firm utility natural gas supply rates. It also proposes to account for the deferred unreflected gas cost account balance for the 12-month period ending June 30, 2022, amortize the gas transportation adjustment clause balance, and extinguish the unit amortizations in the current rate schedules, approved in Default Order No. 7842b in Docket No. 2021.07.098. 3. PLEASE TAKE NOTICE that the Commission will conduct a public hearing on NorthWestern’s Application. The public hearing will commence on February 20, 2024, at 9:00 a.m., in the Bollinger Room located in the Commission’s offices at 1701 Prospect Avenue, Helena, Montana and continue day-to-day as necessary through February 22, 2024. The Commission will provide an opportunity for in-person public comment at the beginning of each hearing day, and the hearing will be live-streamed on the Commission’s website (  4. The hearing is for the purpose of receiving evidence (testimony and exhibits) addressing the Application. Testimony submitted at the hearing is subject to cross-examination.  5. A copy of the Application is publicly available at the Commission’s business office, 1701 Prospect Avenue, Helena, MT 59601, and online at the Commission’s website ( under Docket No. 2022.07.077. A copy of the Application may also be available at the office of the Montana Consumer Counsel, which represents consumer interests before the Commission, 111 North Last Chance Gulch, Suite 1B, Helena, MT 59601, (406) 444-2771. Interested parties can register on the Commission’s website to receive notice of filings in this docket. Instructions for subscribing to notices of filings in contested cases are available at  6. Anyone needing accommodations in order to attend or participate in the hearing should contact the Commission at (800) 646-6150. The Commission will make every effort to assist in accommodations for individuals. 7. The Commission’s jurisdiction over this matter is provided in Title 69 and Title 2, Chapter 4 of the Montana Code Annotated; Title 38, Chapters 2 and 5 of the Montana Administrative Rules; and any prior orders of the Commission relevant to the issues presented. DONE and DATED this 31st day of January, 2024, by the Montana Public Service Commission through delegation to staff.  JAMES BROWN, President JENNIFER FIELDER, Vice President TONY O’DONNELL, Commissioner RANDALL PINOCCI, Commissioner DR. ANNIE BUKACEK, Commissioner Feb. 4, 2024 MNAXLP __________________________

NO. 30067 CITY OF KALISPELL, MONTANA NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that the City Council (the “Council”) of the City of Kalispell, Montana (the “City”) will hold public hearings to receive public testimony on February 5, 2024, and February 20, 2024, at 7:00 p.m., regarding Eligible Projects to be partially funded by the State-Local Infrastructure Partnership Act of 2023 (SLIPA) and the City Of Kalispell in order to maintain or repair existing government facilities. Any person wishing to give testimony may appear at these hearings in person or online via the link at the bottom of the council agenda and make oral statements or present same in writing. Information can be viewed on the City’s website at or in the office of the City Clerk at 201 First Avenue East, Kalispell. Written comments may also be submitted for council consideration by delivering the same to the City Clerk at 201 First Avenue East, Kalispell, MT 59901, or by email to prior to the hearing. For additional information please contact the City Clerk at (406) 758-7756. Dated this 31st day of January 2024. Feb. 4, 11, 2024 MNAXLP __________________________