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Flathead Lake erosion trial canceled; Settlement talks are now underway

Megan Strickland Daily Inter Lake | Hagadone News Network | UPDATED 8 years, 1 month AGO
by Megan Strickland Daily Inter Lake
| October 16, 2016 6:00 AM

A judge has canceled a trial set for this month that was to decide the outcome of a 1999 lawsuit over shoreline erosion on Flathead Lake.

Flathead District Judge Katherine Curtis canceled the trial after attorneys for thousands of defendants and former Kerr Dam operator PPL Montana agreed to negotiate a settlement.

“We have spoken with the plaintiff’s attorney,” said Todd Martin, spokesperson for Talen Energy, which was formerly PPL Montana. “We have a proposed agreement. It will take up to several months to conclude.”

Martin said he could not say more about the settlement process.

The case filed by Bigfork resident Rebecca Mattson, who has since died, alleged that management of Kerr Dam caused shoreline damage to thousands of properties on Flathead Lake in 2000-06.

Another former dam operator, Montana Power Co., settled with more than 3,000 plaintiffs for an undisclosed amount of money in 2015.

The claims against PPL Montana were the last issue to be hashed out in the case, which has been sent to the Montana Supreme Court numerous times.

Earlier this year the high court upheld Judge Curtis’ decision to have two separate juries hear the case. One jury was to determine liability. The other was to determine damages.

Since the lawsuit, the ownership of the dam has been transferred to the Confederated Salish and Kootenai Tribes, which is not involved in the case.

Reporter Megan Strickland can be reached at 758-4459 or mstrickland@dailyinterlake.com.

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