Flathead County says it gets to appoint Planning Board members in lawsuit response

Flathead County is arguing it has discretion when appointing a Flathead Conservation District member to the county planning board, in response to a lawsuit filed in Flathead County District Court this spring.  

The conservation district filed a lawsuit against county commissioners and the Planning and Zoning Department after its spot was left vacant on the county planning board this year. The conservation district argues it reserves the right to appoint its own members to the planning board, according to court documents.  

But the district’s recommendation to reappoint Michael Kopitzke was ignored by commissioners on Dec. 9, who appointed another supervisor, Bill Yankee, to the board instead. Commissioners claim they "had cause not to appoint” Kopitzke, according to a response filed in court on April 30.  

State law requires county planning boards formed on or after July 1, 1973, to include a qualified member of the conservation district’s governing board, or an associate member designated by the governing board, to represent its interests as a voting member.  

The Flathead Conservation District oversees management of soil and water conservation work within the county, excluding Kalispell and Columbia Falls, as a local government entity fulfilling the state’s policy to conserve soil, water and other natural state resources.  

Yankee rejected the offer to be on the planning board in a letter on Jan. 2, and the spot was left empty, according to court documents. The county admits there hasn’t been an active conservation district member on the planning board since January. 

The Planning and Zoning Department has historically asked the Flathead Conservation District to recommend one of its supervisors for the planning board. But last fall, a letter was sent directly to Kopitzke, who served on the board in 2025, asking him to submit a letter of interest to serve again in 2026.  

County officials said a new secretary was unfamiliar with the process and sent the letter to Kopitzke, according to court documents.  

The conservation district is asking the court to confirm that state law was violated and to reinstate Kopitzke to the board.  

The county is asking for the lawsuit to be dismissed.  

District Court Judge Amy Eddy is presiding over the case after the court approved a request from Flathead County to swap judges. A scheduling conference is scheduled for July 7. 

Report for America Reporter Hannah Shields can be reached at 406-758-4439 or hshields@dailyinterlake.com. If you value local journalism, pledge your support at dailyinterlake.com/support.