The city of Whitefish is reorganizing its planning efforts in the wake of a recent Montana Supreme Court ruling that handed control of the two-mile “doughnut” around Whitefish to Flathead County.

The first step is asking the county commissioners for permission to establish a city planning board. Whitefish Mayor John Muhlfeld sent a letter to the county last week, giving the commissioners a 30-day notice of the city’s intention to form its own planning board.

Montana law requires that the commissioners respond within 30 days of receiving the city’s notice. They can elect to approve either a city or joint city-county planning board, according to a city press release issued July 28.

The commissioners are scheduled to consider their response letter to the city at 10 a.m. today.

The August meeting of the existing Whitefish City-County Planning Board has been canceled because the court ruling put the board in limbo.

Whitefish City Council member John Anderson, an attorney, said as soon as the Supreme Court issued its opinion, the county had planning control of the doughnut.

“State law is clear,” Anderson said. “Now that no interlocal agreement exists with the city, only the county has the authority to act because the county has enacted a growth policy and zoning and subdivision regulations that include the doughnut area.”

Muhlfeld reaffirmed the city’s desire for the city and county to work together to meet its mutual obligations to the residents of the doughnut area.

“We would be happy to schedule a joint work session or public meeting if the commissioners would like to discuss accelerating the county’s exercise of their control in the doughnut area,” Muhlfeld said.

He told the commissioners in his letter that there are land-use applications pending and others ready for processing that require the timely delivery of planning and zoning services.

“We should be able to resolve the jurisdictional issues concerning the extraterritorial area authority without subjecting them to additional confusion and delay in making decisions about their properties,” Muhlfeld wrote.

As the city waits for the commissioners’ decision, the existing Whitefish City-County Planning Board and Whitefish Lakeshore Protection Committee will not take any future action, Whitefish Planning Director Dave Taylor said.

“While the city is hoping the county will continue the City-County Planning Board and Whitefish Lakeshore Protection Committee as advisory boards to the city and the county, the court’s ruling means that the city lacks the authority to assist members of the public with their properties located in the doughnut area,” Taylor explained. “Individuals with planning and zoning issues in the doughnut are encouraged to direct their questions to the county.”

To that end, Tom Sands is scheduled to meet with the county commissioners at 9 a.m. today regarding a subdivision in the Whitefish doughnut.

The state Supreme Court’s ruling that favored Flathead County culminated a long-running jurisdiction battle for planning control of the doughnut.

On a 4-3 vote, the high court affirmed a Flathead District Court decision that determined a 2010 interlocal agreement between the city and county was not subject to referendum and therefore has been legally terminated by the county.

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