As Flathead County commissioners continue to assume control of zoning issues in the two-mile area surrounding Whitefish, a public hearing on interim zone classifications has been scheduled for Thursday, unless a judge intervenes.

The city of Whitefish on Friday asked Flathead District Court Judge David Ortley to issue a temporary restraining order and preliminary injunction to stop the county's interim zoning effort from continuing.

Ortley denied the restraining order and scheduled a show-cause hearing on the injunction request for 9 a.m. Wednesday in District Court.

If the injunction isn't granted prior to Thursday's hearing, it will begin at 10 a.m. in the commissioners' chambers on the third floor of the courthouse.

The hearing comes about following the Nov. 8 vote by Whitefish city residents to repeal a 2010 interlocal agreement between the city and the county regarding zoning and planning issues in that area, referred to as the "doughnut." The 2010 agreement was a revision of a 2005 agreement which gave the city of Whitefish full control of planning issues in the two-mile area. County commissioners rescinded the 2005 agreement in 2008. The city of Whitefish then sued the county. The lawsuit was dismissed as part of the 2010 revised agreement.

Commissioner Jim Dupont says there's no way the city and county can work out an agreement related to zoning in the two-mile zone because of differences in opinion about the lack of representation for doughnut residents.

"Nothing addresses representation for people who live in the doughnut," Dupont said.

And, he says, there's already been "two and a half years of kumbuya meetings for me and one and a half years before that," for discussions about the doughnut, with no results.

"To sit down with another committee won't do any good," he said. "I'd love to negotiate, but I don't see what we'd accomplish."

People who live outside the city limits of Whitefish don't vote for Whitefish City Council members. The county commissioners say it's not fair to have a governing body implement rules and regulations that affect people who have no say in electing those people to office.

The county governs all areas outside of the three incorporated cities in Flathead County.

"How can we work out these issues?" Dupont asked. "I don't see how we can. It is so complicated."

Dupont said the lawsuit filed against the city of Whitefish by four people questioning the referendum has no effect on the county's plans to move forward regarding a zoning plan for the doughnut. The plaintiffs in that lawsuit have asked that the court declare the referendum illegal and void.

When past county commissioners signed the interlocal agreement, their actions were criticized, Dupont said. "In the spirit of cooperation, everyone thought it was the way to go."

Commissioners opted to implement interim zoning because the zone classifications can become effective more quickly than if a permanent zone process is followed. The county has two years to implement permanent zoning in the area, under provisions of interim zoning rules.

The idea behind interim zone rules is to spend time working on a permanent zoning plan. Commissioners have said in addition to that work, county employees will also update the 1996 city-county master plan during the next two years.

Properties in the doughnut area have all been assigned a zone classification that as near as possible mirrors the zone category the city of Whitefish had assigned parcels, County Planning Director BJ Grieve said.

However, there are properties that were never assigned a Whitefish city zone classification, he said. Those are not affected by the county's current zoning work, because a county zone assignment is already in place.

Maps and documents explaining the proposed interim zone classifications are available for public review at the county planning office in the Earl Bennett Building on the courthouse campus, at the county clerk's office on the first floor of the courthouse and on the county's planning office website.

That address is http://flathead.mt.gov/planning_zoning. People can click on the "click here" section under "important notices" to access the maps.

Reporter Shelley Ridenour may be reached at 758-4439 or sridenour@dailyinterlake.com.