The Daily Inter Lake

A Whitefish City-County Planning Board member who failed to get reappointed has asked a Flathead District Court judge to intervene.

John Wagner filed a lawsuit asking the court to order the city of Whitefish to reappoint him to the Planning Board or hold a hearing to show good cause why the City Council didn't make the appointment.

Wagner's legal filing asks the court for a timely ruling; it doesn't ask for money or attorney fees.

Wagner's term expires Dec. 31 and he was the lone applicant for the position when the council initially interviewed him Nov. 6.

Although Wagner met all the qualifications to serve, the council chose to leave the seat vacant, according to court documents that claim the council's action was a "manifest abuse of discretion."

Wagner met with the council a second time on Dec. 4, two hours after the council learned of Wagner's lawsuit against the city. Wagner said he was given a chance to comment, but the council had been advised not to address the legal action.

"I told them I was disappointed in the process and that it was wrong," Wagner said. "They're not acting property. I'm not trying to get money; I'm just trying to get them to do the right thing."

Candidates Kristine Garberg and Steve Qunell also were interviewed for the position, which is a mayoral appointment. Wagner said he reapplied when he learned the position was appointed by the mayor. The council also was initially unaware the position was a mayoral appointment, he said.

Whitefish City Attorney John Phelps said the council expects to make an appointment on Jan. 2.

Although he declined to talk about Wagner's lawsuit, Phelps noted that Mayor Andy Feury did not attend Wagner's first interview but was present when Wagner and the other two candidates were interviewed last week.

A mayoral appointment must be ratified by the council.

During Wagner's time on the board, the city hasn't received any public criticism about his service and hasn't informed Wagner of any issue with his service on the board, the lawsuit said. It describes a conversation Wagner had with council member Nick Palmer in which Palmer told him the council didn't reappoint him because it believed Wagner had a "potential public perceived conflict of interest" with other Planning Board members Jack Quatman and Dennis Bee.

Wagner is a self-employed attorney who rents office space at the Quatman & Quatman law firm in Whitefish. He has never represented Bee in legal matters, the lawsuit said.

"Apparently the city believes that Bee, Wagner and Quatman have some mysterious agenda and have a nickname for the three as the 'Triage Unit,'" the lawsuit said. "However, a review of the voting records of and a simple question to any of the three will reveal that the city's theory and belief is unsupported and false."

The lawsuit acknowledges that planning-board positions are discretionary appointments, but maintains the council based its decision on false assumptions. Its failure to clarify those assumptions is what constitutes an abuse of discretion, court documents maintain.

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