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Doughnut dispute is finally over

The Daily Inter Lake | Hagadone News Network | UPDATED 10 years, 6 months AGO
by The Daily Inter Lake
| July 23, 2014 9:00 PM

Enough is enough with the Whitefish “doughnut” dispute that stretches back to 2008.

The Montana Supreme Court has spoken, ruling that Flathead County legally terminated a 2010 interlocal agreement with the city of Whitefish and determined the agreement was not subject to a city voter referendum.

While the county may be perceived as the winner in the ruling, the real winners are residents who live in the two-mile doughnut planning zone around the city. Those residents were subject to the whims of officials elected by Whitefish city residents and political pressures from city residents.

A “critical areas ordinance” adopted by Whitefish in 2008 applied development restrictions around lakes, streams and wetlands in the doughnut area. Not surprisingly, it wasn’t well received by the county residents who had no leverage with the city officials who adopted it. That led to the county rescinding a 2005 interlocal agreement that had given the city sole planning and zoning authority in the doughnut area.

The 2010 agreement — meant to be a compromise — gave the county a measure of oversight with the city’s planning and zoning authority in the doughnut area. And that led to another overreach by city residents determined to impose their will on doughnut residents. The voter referendum sought to rescind the 2010 agreement, but only for the purposes of restoring the city’s sole planning authority under the old 2005 agreement.

Not surprisingly, it passed, but only because doughnut residents had no say on a referendum that made it clear they were being governed without representation.

The lawsuit brought against the city disputed the notion that the referendum restored the city-preferential terms of the 2005 agreement. The court’s ruling affirmed that position, and now the county is in the driver’s seat for planning and zoning in the doughnut.

Understandably, city officials say they hope they will be influential as the county moves forward with doughnut oversight, and they arguably should be. That’s how it’s supposed to work, and that’s how it does work for Columbia Falls and other municipalities across the state.

But the days of foisting unwanted measures on people who have no say on those measures are over. It’s time to move on and pursue some cooperation with those who live and work around Whitefish.


Editorials represent the majority opinion of the Daily Inter Lake’s editorial board.

 

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