'Righteous victory' for people
LYNNETTE HINTZE | Hagadone News Network | UPDATED 10 years, 4 months AGO
The Montana Supreme Court’s ruling in the Whitefish “doughnut” jurisdiction battle is a “righteous victory” for residents of the embattled two-mile area around Whitefish, plaintiff attorney Duncan Scott said Wednesday.
He urged Flathead County to move swiftly to adopt interim county zoning in the doughnut, which under state law will terminate Whitefish’s planning authority for that area.
“Our county commissioners deserve high praise for fighting hard against Whitefish’s unconscionable position that it should be allowed to regulate forever people who cannot vote in city elections,” Scott said in a prepared statement. “Our commissioners have never wobbled in their legal support for doughnut residents’ rights during these six long years of litigation.”
Commissioner Pam Holmquist said she felt confident the county would win the legal challenge after listening to the Supreme Court’s oral arguments in the appeal in April.
“I had a gut feeling that we’d prevail,” she said. “I’m just glad to have a ruling for the residents who have waited so long.”
Holmquist said the commissioners will seek legal advice about what their next steps will be.
“It’s going to be a slow process,” Holmquist said. “We’re going to have to study the ruling and get advice on how to proceed. We want to make sure we get it right.”
Whitefish Mayor John Muhlfeld said although the city “may not necessarily agree with the decision, we have to live with it and find a way to work cooperatively with the county.”
Muhlfeld issued a press release Wednesday calling for renewed cooperation between the two government entities.
“The city and county share similar values, interests and have had many positive and mutually agreeable meetings on these common issues over the years ... we look forward to continuing this dialog with the county,” Muhlfeld said.
Muhlfeld said the city remains “open and available” to talk with the county commissioners in addressing what type of planning and zoning is in the best interests of both the city and county.
The city can consider appealing the decision to the U.S. Supreme Court. The City Council will hold a closed session at 5 p.m. Monday at Whitefish City Hall to discuss strategies related to the court ruling.
For the county to assume control of the doughnut, it must adopt a growth policy for the two-mile area and zone it. In late 2008 and early 2009, the county had almost completed the zoning process, Scott noted, and was ready to adopt interim county zoning when the high court entered an injunction to stop the process.
“To take over the doughnut now, the county only needs to redo and complete the zoning process it nearly finished in 2009,” Scott said. “The work is largely done.”
Features editor Lynnette Hintze may be reached at 758-4421 or by email at lhintze@dailyinterlake.com.